Environmental groups file motion in 9th Cir. seeking stay of EPA approval
EPA should have consulted with the Fish and Wildlife Service before approving a new herbicide for use in the Midwest, environmental groups and a food safety group argue in a motion filed in the Ninth Circuit Court of Appeals (NRDC v. EPA, 14-73353).
News release (Earthjustice, Feb. 9)
The request for stay pending review was filed by the Center for Food Safety, National Family Farm Coalition, Pesticide Action Network North America, Beyond Pesticides, Environmental Working Group, and Center for Biological Diversity, and is supported by the Natural Resources Defense Council, which filed its own petition for review.
The herbicide, called Enlist Duo,"is specifically designed and registered to be used on 'Enlist' crops, which are new varieties of corn and soy that have been genetically engineered by Dow [AgroSciences] to withstand both 2,4-D and glyphosate," the petition says. "The technology is marketed as a chemical means to rid fields planted with Enlist corn and soy of unwanted weeds, without damaging the crop itself."
The groups argue that they are likely to win their case because EPA did not consult under the Endangered Species Act's Section 7 about the effects of Enlist Duo on the whooping crane and Indiana bat.
“EPA admits that its approval of a toxic pesticide cocktail including 2,4-D for widespread use may affect endangered species, including the whooping crane, one of the most endangered animals on earth,” said Earthjustice Managing Attorney Paul Achitoff. “We ask only that the court decide whether EPA has violated the law, as we believe it has before putting these imperiled birds at further risk.”
The challenge was filed in the Ninth Circuit in October.
Dow AgroSciences news release (pre-motion) Company "announced quality standards for glyphosate trait stacking with Enlist. The company said it will allow Enlist to be stacked with advanced glyphosate traits only. It will not allow stacking with the first generation of the Roundup Ready® trait."