August 18, 2022
Fargo, US 71 F
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EPA Requests Partial Rehearing in Glyphosate Litigation

Earlier this week, the Environmental Protection Agency submitted a petition to the Ninth Circuit Court of Appeals requesting a partial rehearing of its glyphosate interim decision. In that ruling, the panel vacated the interim decision’s human health risk assessment and sent back the ecological risk assessment to the agency to complete an Endangered Species Act analysis by October 1. The EPA is seeking a partial rehearing because of the ecological part of the decision. In its request, the EPA says that finalizing an ESA consultation is a multi-year process, for which the panel only granted 106 days. EPA also says it can’t comply with the order because it has to coordinate with other agencies that aren’t part of the lawsuit. The agency requested the court grant the rehearing to consider lifting the October 1 deadline. The American Soybean Association is a party to the litigation and monitoring the case for further developments.

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