NFFC et al v. EPA et al

17-70810 17-70817
March 21, 2017
Final judgment
United States

Unions, Farmers, Environmental NGOs, Health/Food groups
National Family Farm Coalition (NFFC), Family Farm Defenders, Pesticide Action Network North America (PANNA), Beyond Pesticides, Center for Food Safety (CFS), Center for Biological Diversity (CBD), National Resources Defense Council (NRDC) (17-70817)
EPA, Scott Pruitt, Andrew Wheeler
George A. Kimbrell, Sylvia Shih-Yau Wu, Paul H. Achitoff

Herbicide, Glyphosate, 2,4-D, Enlist Duo
Find that EPA violated its duties under the Pesticide Act in issuing the conditional registration. and that EPA violated its duties under the Endangered Species Act (ESA), by failing to consult with the United States Fish and Wildlife Service or the National Marine Fisheries.
Court of Appeals for the 9th Circuit, United States

July 22, 2020
The court dismisses the plaintiffs' arguments that EPA followed the wrong procedures in registering Enlist. It also ruled that EPA had sufficient evidence to support the registration of Enlist Duo and refutes the plaintiffs' arguments that EPA hadn't considered the risks of increased herbicide use or volatility potential from the Enlist Duo registration.

Groups sue the EPA for approving Dow AgroScience’s herbicide Enlist Duo, a mixture of glyphosate and 2,4-D, which are highly toxic, to be sprayed directly on GMO corn, soybean, and cotton plants that are genetically engineered by Dow specifically to survive exposure to the pesticide. EPA approved the use of the pesticide in 34 states in January 2017. On July 22, 2020, the U.S. Court of Appeals for the Ninth Circuit denies the petition to vacate the registration of Enlist Duo herbicide. It considers nevertheless that EPA failed to consider potential harm to monarch butterflies from increased 2,4-D use on milkweed in crop fields and decides to "remand without vacatur," i.e. send that issue back to EPA for fixing. The herbicide's registration will remain intact in the meantime.