The Ninth Circuit dealt a blow to chemical company Monsanto last Wednesday when it vacated the Environmental Protection Agency's approval of the controversial pesticide Dicamba, saying the agency failed to properly assess the risks of its widespread chemical use. A three-judge panel unanimously terminated the EPA approval of dicamba, an herb that has not caused much problem due to toxicity to humans, but due to its tendency to shed when applied, causing neighboring crops damage has been reached in huge amount. According to the information, US Judge William Fletcher wrote, "A review of the record shows that the EPA has largely understood the risks that it accepts. The review also shows that the EPA completely failed to accept other risks." Dicamba was developed by Monsanto, now called Bayer Crop Science, in which it was sold commercially as a round-up in response to the trend of many weeds developing resistance to glyphosate. Monsanto scientists genetically engineered soybean and cotton seeds that were resistant to dicamba. This way when farmers planted those seeds, it could ensure that when it sprayed the pesticide, it would only kill the plants without genetically engineered resistance. Where a different field scenario has worked, the problem arises when Dicamba can reach neighboring farms and the cash of farmers who are not using dicamba seeds will be damaged.

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This problem led Arkansas and Missouri to ban the use of Dicamba in 2017. A peach farmer from Cape Girardo, Missouri won a multinational lawsuit against Monsanto in January, after which a judge agreed that the farmer had destroyed the orchard. In 2018, however, farmers planted Dicamba-resistant cotton and soybean seeds on approximately 56 million acres across the United States. After this the complaints of the farmers, who did not use such seeds, but whose crops were hurt by the flow of dicamba.

On Wednesday, the Ninth Circuit stated that the EPA understood the loss dramatically during the 2018 growing season. "The EPA's conclusion that complaints to state departments of agriculture of Dicamba damage can be either under-reported or over-reported, the actual amount of damage is not supported by sufficient evidence," Fletcher wrote. "The record clearly shows that the complaints understood the amount of dicamba damage." The court also blamed the agency for blaming and failing to collect data, which can be shown on an accurate picture of the loss of herb in the agricultural landscape across the country.

The EPA will estimate or deny the amount of damage caused by OTT application of dicamba herbicides, or even to accept that there was any harm, some estimates indicate that of dicamba in 2017 alone 3.6 million acres of fields were damaged by the application. The court noted that the agency had access to this data and this number, but only referred to allegations of damages in its judgment. The court also blamed the agency on the fact that farmers should not follow the label's instructions to consider what might happen, an idea they need to make laws. With Dicamba, label directions were complex and complex and grew with each growing season as farmers' complaints grew.

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During a webinar organized by the EPA in 2018, a farmer told the agency:

"There is no way for any applicant to be 100% legal in their application."

Farmers had to consider the speed of wind, time of day, forecast of rain and time from planting of neighboring agricultural works. A study conducted by researchers at Purdue University stated that farmers in Indiana would have received a total of 47 hours during the entire season, during which it would be legal to spray Dicamba. Despite extensive documentation of these issues, the EPA barely mentioned it during the approval process.

"The EPA has not accepted evidence in record 47 anywhere that there was sufficient difficulty complying with the mitigation requirements of the earlier labels," Fletcher wrote. "Nor does it accept the possibility that the need for additional mitigation imposed by the 2018 label will increase the degree of non-compliance."

The court also stated that the agency failed to assess the economic costs of anti-Dicamba seeds, including monopoly issues as farmers felt compelled to buy Monsanto seeds to avoid losses.

Finally, Fletcher and other judges stated that the agency failed to consider social costs due to the approval of the chemical. It is neighbor against neighbor, ”University of Illinois scientist Aaron Harger said in the 2018 edition of Progressive Farmer. Farmers are threatening other farmers. I have never seen this happen before using technology. "

The court said that the agency had sufficient evidence, this was the case but it was chosen to be ignored. Fletcher wrote, "Severe stress on social relations in peasant communities where new dicamba herbicides are being implemented has a clear social cost, but the EPA did not recognize this cost and did not take it into account." Fletcher was joined by unanimous opinion by US Circuit Judges Michael Hawkins and M. Margaret McCain. All three were appointed by Bill Clinton.

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