American Soybean Association et al. v. EPA et al.

1:20-cv-03190
November 4, 2020
Not judged
United States, Washignton DC

Farmers, Economic stakeholders
American Soybean Association, Plains Cotton Growers
EPA, Andrew Wheeler, Marietta Echeverria
No description

Civil court
Civil action for injunctive and declaratory relief
Dicamba, Herbicide
Declare that the EPA's 2020 modified dicamba application conditions exceed its jurisdiction under FIFRA, the ESA and the APA.
United States District Court for the District of Columbia of Washignton DC, United States

Associations of cotton and soybean growers, dependent on the use of dicamba, are challenging the new dicamba application conditions as modified by the EPA in 2020. These new restrictions were imposed after the San Francisco 9th Circuit Court of Appeals overturned the renewal of dicamba's authorization on June 3, 2020 (n°19-70115). The associations believe that these conditions of restriction are arbitrary and capricious, and that the EPA, in taking them, has acted outside its authority.

On July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit dismissed the petition for review challenging the new dicamba use regulations that had also been filed by the Soybean Growers Association (no. 20-1441). The Court of Appeals held that, under the Federal Insecticide, Fungicide and Rodenticide Act, the District Courts had jurisdiction to review such regulations made without a public hearing.