9th Circ. Upholds EPA's Approval Of Weedkiller

Law360 (July 22, 2020, 9:40 PM EDT) -- The Ninth Circuit on Wednesday largely upheld the U.S. Environmental Protection Agency's approval of a Corteva Agriscience weedkiller, rejecting most arguments from environmental and public health groups that said the agency didn't look closely enough at the product's risks.

The panel majority said the agency didn't properly consider Enlist Duo's threat to monarch butterflies in fields where the product is used but that the error was small enough to keep the approval in place while the EPA reevaluated the issue. The panel largely deferred to the EPA's decision-making process, although one judge partially dissented, faulting the agency's approach to its Endangered...

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