Environment & Energy Report

Appeals Court Dismisses Challenge to EPA Dicamba Renewal (1)

Jan. 10, 2019, 9:48 PMUpdated: Jan. 10, 2019, 10:44 PM

A U.S. appeals court dismissed a legal challenge to the Environmental Protection Agency’s 2016 registration of Bayer AG’s dicamba-based herbicide, saying the renewal of the registration last year rendered it moot.

The environmental groups that claimed the EPA didn’t properly weigh the environmental risks of the herbicide in 2016 can bring a new challenge regarding the 2018 renewal, the U.S. Court of Appeals in San Francisco said Jan. 10.

The chemical is a central ingredient in Bayer’s XtendiMax. The EPA’s October renewal of approval for XtendiMax also applies to other dicamba-based herbicides including BASF SE’s Engenia, and DowDuPont Inc.’s FeXapan....

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