Dow Agrosciences Seeks to Toss Out Ninth Circuit Enviro Lawsuit Targeting Pesticide Use
On Monday, Dow Agrosciences acted in its capacity as an intervenor in National Family Farm Coalition v. US EPA to dismiss a lawsuit filed by environmental groups alleging the US EPA improperly improved Dow’s weed killer, Enlist Duo. Dow argued the case couldn’t be pursued on grounds ranging from procedural (the groups’ petition for review was not filed within 60 days of the EPA’s order) to substantive (EPA failed to follow laws concerning pollution and environmental protection).
The EPA approved Enlist Duo for use in 34 states in January of 2017. The enviro groups argue that the pesticide contains ingredients known to be highly toxic, and that people living in areas where Enlist is used risk exposure even during daily activities. Dow countered that such risk is speculative, and that no person involved in the lawsuit has proved any past, present, or imminent future exposure or corresponding harm. In addition, Dow argued that the EPA considered all elements of the pesticide when initially approving it, and found that Enlist would not present any unreasonable adverse effects on humans or non-targeted plant life.
The case is National Family Farm Coalition et al. v. U.S. EPA, case no. 17-70810, in the U.S. Court of Appeals for the Ninth Circuit.