NFFC et al v. EPA et al Reference : 17-70810 17-70817 Complaint date : March 21, 2017 Status : Final judgment Place of jurisdiction : United States Plaintiffs types : Unions, Farmers, Environmental NGOs, Health/Food groups Plaintiffs names : 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) Defendants : EPA, Scott Pruitt, Andrew Wheeler Lawyers for Health and Environmental Justice : George A. Kimbrell, Sylvia Shih-Yau Wu, Paul H. Achitoff Case nature : Administrative Type(s), Product(s), Active substance(s) : Herbicide, Glyphosate, 2,4-D, Enlist Duo Requests : 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. Name of the Court : Court of Appeals for the 9th Circuit, United States Jurisdiction level : Decision date : July 22, 2020 Decision nature : Negative Decision content : 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. Legal basis : Court Ruling : Link to the ruling Summary : 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. Scientific references : No scientifice reference for this case. Related links : Final Registration Decision of Enlist Duo TM Herbicide Petition for review Twice the Toxicity: Farmers and Public Interest Groups Sue EPA for Approving Dow’s Deadly Pesticide Combo Court of Appeals Decision on EPA Approval of Dow's Enlist Duo Pesticide Statement from George Kimbrell, Legal Director of Center for Food Safety and Lead Counsel in the Case Enlist Duo Ruling: Ninth Circuit Court Ruling Upholds Enlist Duo Registration EPA Ordered to Take Fresh Look at Whether Herbicide Harms Butterflies Court Decision Highlights Systemic Failure of Federal Pesticide Law to Protect Health and the Environment, Despite a Silver Lining and a Must-Read, Powerful Dissenting Opinion