CBD et al v. EPA Reference : 21-71180 Complaint date : July 16, 2021 Status : Provisional judgment Place of jurisdiction : United States, San Francisco Plaintiffs types : Environmental NGOs, Health/Food groups Plaintiffs names : Center for Biological Diversity (CBD), Center for Food Safety (CFS) Defendants : EPA Lawyers for Health and Environmental Justice : Amy van Saun, George A. Kimbrell Case nature : Administrative Type(s), Product(s), Active substance(s) : Herbicide, Trifludimoxazin, Tirexor Requests : Review and set aside the order of the EPA granting the unconditional registration of the new pesticide active ingredient Trifludimoxazin and the herbicide Tirexor. Name of the Court : Court of Appeals for the Ninth Circuit of San Francisco, United States Jurisdiction level : Decision date : February 23, 2022 Decision nature : Positive Decision content : The case is held in abeyance for 90 days while the statutory process for BASF’s voluntary cancellation request is conducted. Legal basis : Court Ruling : Link to the ruling Summary : CFS and CBD filed a lawsuit challenging the EPA’s approval of Trifludimoxazin, a potent herbicide used to control weeds in corn, soy, and many other crops, as well as weeds in tree plantations. Trifludimoxazin is the active ingredient in the herbicide Tirexor, manufactured by BASF. The groups' lawsuit alleges EPA violated the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by discounting impacts of spray drift and runoff to terrestrial and aquatic plants, fish, and threatened and endangered species. The agency admitted in its response to public comments that it was ignoring the clear requirements of the law. On January 11, 2022, EPA announced that, from now on, it will evaluate the potential effects on listed species and their designated critical habitats before registering any new conventional pesticide active ingredient. As a result, BASF has agreed to stop the manufacture and sale of the pesticide trifludimoxazin. The parties therefore request this case be held in abeyance for 90 days while the voluntary cancellation process is completed. If it proceeds as anticipated, the cancellation process should be finished within the 90 days. At that time, assuming the registrations have been cancelled, EPA and BASF anticipate that they will file a motion or motions for summary disposition on mootness grounds unless Petitioners commit to voluntarily withdraw the Petition or withdraw it. Scientific references : No scientifice reference for this case. Related links : Memorandum Supporting Decision to Approve Registration for the New Active Ingredient, Trifludimoxazin Petition for review, July 16, 2021 Petitioners' Motion for Summary Vacatur, July 16, 2021 Groups Sue EPA Over Approval of Toxic Herbicide Citing Risks to Endangered Species, Drift Harms BASF to Stop Selling Pesticide Trifludimoxazin Rather Than Continue Litigation