Center for Biological Diversity v. United States Environmental Protection Agency
ELR Citation: 54 ELR 20020 No(s). CV-20-00555-TUC-DCB (D. Ariz. Feb 5, 2024) (Bury, J.)
A district court vacated three pesticide registrations issued by EPA in 2020 for "over-the-top" application of dicamba products manufactured by agrochemical companies. Environmental groups argued EPA violated FIFRA by unconditionally issuing "new use" registrations for over-the-top use of dicamba on cotton and soybeans without providing public notice or an opportunity to comment. The court held the Agency's approval of the "new use" registrations without notice and a public hearing denied the public its statutory right to meaningfully weigh in during the decisionmaking process. Given the seriousness of EPA's error, the court vacated the registrations.