NATIONAL FAMILY FARM COALITION; Center for Food Safety; Center for Biological Diversity; Pesticide Action Network North America, Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, in his official capacity as Administrator, Respondents, Monsanto Company, Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted April 21, 2020 San Francisco, California.
Jon Michael Lipshultz , John Brett Grosko , Trial Attorney, DOJ — U.S. Department of Justice, Environmental Enforcement Section, Washington, DC, for Respondent Andrew Wheeler, in his official capacity as Administrator.
Claire Tonry , Smith & Lowney, P.L.L.C., Seattle, WA, for Save Our Crops Coalition, Family Farm Defenders, Farm and Ranch Freedom Alliance , Iowa Organic Association, Kansas Rural Center, and Organic Farmers Association, for Amicus Curiae.
Jesse A. Buss , Willamette Law Group, Oregon City, OR, for Amicus Curiae David A. Mortensen, Ph. D., Professor and Chair of Weed and Applied Plant Ecology, Department of Agriculture, Nutrition, and Food Systems at University of New Hampshire, Durham, New Hampshire.
Before: Michael Daly Hawkins, M. Margaret McKeown, and William A. Fletcher, Circuit Judges.
OPINION
Opinion by JudgeW. Fletcher.
American farmers have been using dicamba, a chemical herbicide, to combat weeds for more than fifty years. Dicamba is an effective weed killer, but its toxicity is not limited to weeds. It can kill many desirable broadleaf plants, bushes, and trees. It also has a well-known drawback. Dicamba is volatile...
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