CBD et al v. EPA

July 16, 2021
Provisional judgment
United States, San Francisco

Environmental NGOs, Health/Food groups
Center for Biological Diversity (CBD), Center for Food Safety (CFS)
Amy van Saun, George A. Kimbrell

Herbicide, Trifludimoxazin, Tirexor
Review and set aside the order of the EPA granting the unconditional registration of the new pesticide active ingredient Trifludimoxazin and the herbicide Tirexor.
Court of Appeals for the Ninth Circuit of San Francisco, United States

February 23, 2022
The case is held in abeyance for 90 days while the statutory process for BASF’s voluntary cancellation request is conducted.

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.