News & Analysis as of

Herbicides

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Asks the Right Questions, Affirms Summary Judgment on Plaintiffs’ Herbicide Claims as Untimely and Lacking...

As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more

McGlinchey Stafford

EPA Approves New Herbicide Active Ingredient Glufosinate-P

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On October 18, 2024, the U.S. Environmental Protection Agency (EPA) announced the registration of a new herbicide active ingredient, glufosinate-P. This approval marks a significant milestone in agricultural weed management,...more

Williams Mullen

As Easy as 1, 2, 3? EPA’s New Herbicide Strategy to Protect Endangered Species Under FIFRA Gets Mathematical

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EPA primarily regulates the sale, distribution and use of pesticides pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, EPA is involved with the registration of new...more

Williams Mullen

Environmental Notes - October 2024

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EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

Beveridge & Diamond PC

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

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As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on...more

Hissey, Mulderig & Friend, PLLC

Bayer, Monsanto Face 54,000 Roundup Lawsuits Over Lymphoma, Cancer Claims

Bayer and Monsanto are currently facing about 54,000 lawsuits filed by consumers who were exposed to the weedkiller Roundup (glyphosate), according to recent court documents....more

Faegre Drinker Biddle & Reath LLP

Peer Review Can’t Save “Junk Science” from FRE 702 Judicial Gatekeeping – In re: Roundup Court Excludes Expert Whose Opinions Had...

When tasked with assessing the admissibility of expert testimony under Federal Rule of Evidence 702, courts often cite the so-called Daubert factors as criteria that guide the inquiry. Among those factors is “whether the...more

Bergeson & Campbell, P.C.

EPA Announces Public Comment Period for Application of Proposed New Herbicide Product Containing Dicamba from Bayer CropScience

On May 3, 2024, the U.S. Environmental Protection Agency (EPA) announced it received an application from Bayer CropScience LP for a new product containing the currently registered active ingredient dicamba. The proposed...more

Faegre Drinker Biddle & Reath LLP

Expert’s Results-Driven Methodology Leads to Exclusion and Summary Judgment in Paraquat MDL

An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing...more

Allen Matkins

California Environmental Law & Policy Update 4.05.24

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The U.S. Securities and Exchange Commission (SEC) has stayed new climate-related disclosure requirements pending judicial review, the agency said on Thursday, after criticism from across the political spectrum. The SEC’s...more

ArentFox Schiff

Prop 65 Roundup - January 2024

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California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more

ArentFox Schiff

Prop 65 Roundup - December 2023

ArentFox Schiff on

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more

Bergeson & Campbell, P.C.

laAPHIS Announces Determination of Nonregulated Status for Insect-Resistant and Herbicide-Tolerant Maize

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) “advis[ed] the public” on December 1, 2023, of its determination that DP23211 maize (corn) that has been developed using genetic...more

ArentFox Schiff

Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings

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On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily...more

Allen Matkins

California Environmental Law & Policy Update 11.17.23

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The U.S. Environmental Protection Agency (EPA) is preparing to announce new regulations governing soot — the particles that trucks, farms, factories, wildfires, power plants, and dusty roads generate. By law, the agency isn’t...more

Faegre Drinker Biddle & Reath LLP

Texas Supreme Court Refocuses on Causation and Affirms Summary Judgment in Herbicide Drift Case

The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more

Allen Matkins

California Environmental Law & Policy Update - September 2022 #4

Allen Matkins on

EPA's new environmental justice office will oversee $3 billion in grants to polluted communities Bullet CNBC – September 26 The U.S. Environmental Protection Agency (EPA) on September 24 launched the Office of Environmental...more

Goldberg Segalla

EPA Asks the Ninth Circuit for Permission to Reconsider Its Human Health and Ecological Determinations on the Common Herbicide,...

Goldberg Segalla on

Paraquat dichloride is a synthetic chemical compound that has been used as an active ingredient in herbicide products sold in the United States since the mid-1960s. One of the most commonly used herbicides in the U.S., it has...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pesticide/Herbicide Pollution Insurance: Federal Court Addresses Coverage Question

The United States District Court for the District of Rhode Island (“D.R.I.”) addressed in an Opinion whether insurance coverage is applicable to the release of gasoline from an aboveground storage tank (“AST”) associated with...more

Jones Day

Enforcing the Line Between Product Liability and Public Nuisance

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Around the country, creative plaintiffs' lawyers have been repackaging product liability claims as public nuisance claims to avoid dismissal. Plaintiffs have used this maneuver to attempt an end-run on important product...more

Allen Matkins

California Environmental Law & Policy Update - January 2022 #2

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UC study finds safe drinking water remains out of reach for many Californians - NBC Bay Area – January 12 - An estimated 371,000 Californians -- about 1% of the state's residents -- rely on drinking water that may contain...more

BCLP

The New Mass Tort: Herbicides

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The modern mass tort, where thousands of personal injury cases are transferred to a single court for coordinated management, has evolved over the past two decades after courts concluded that the class action procedure was not...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: How Long Did These Corporations Knowingly Peddle the Poison?

It has been described as the deadliest weedkiller on the planet. It also has been described as the most prevalent weedkiller on the planet. And now it is being described as the hot topic of a series of lawsuits filed against...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: The Basics, the Symptoms and the Legislation Against It

The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more

Searcy Denney Scarola Barnhart & Shipley

Searcy Denney Scarola Barnhart & Shipley, P.a. Files Multi-state Lawsuits Against Makers of Paraquat-herbicide Linked to...

MULTI-STATE LAWSUITS FILED TODAY AGAINST MAKERS OF PARAQUAT – HERBICIDE LINKED TO PARKINSON’S DISEASE – BY TEAM OF ATTORNEYS FROM DICELLO LEVITT GUTZLER, SALTZ  MONGELUZZI & BENDESKY, AND SEARCY LAW - Defendants include...more

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