ELR Citation: 52 ELR 20070
No(s). 20-70787 and 20-70801 (9th Cir. Jun 17, 2022)

The Ninth Circuit granted in part and denied in part a petition to review EPA's determination that glyphosate did not pose "any unreasonable risk to man or the environment." Nonprofit groups challenged the Agency's determination, arguing that EPA did not adequately consider whether the weedkiller causes cancer and failed to follow ESA consultation procedures. The court found the Agency's determination that glyphosate was not likely to be carcinogenic was not supported by substantial evidence, and that its failure to make an effects determination violated the ESA. It vacated the human health portion of the determination and remanded to EPA for further consideration.