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"This is what happens when pesticide oversight is controlled by industry lobbyists," said one campaigner.
Despite U.S. President Donald Trump's supposed goal to "Make America Healthy Again," his administration is moving to reregister dicamba, a pesticide twice banned by federal courts, for use on genetically engineered cotton and soybeans.
In response to legal challenges from the Center for Biological Diversity, Center for Food Safety, National Family Farm Coalition, and the Pesticide Action Network, courts ruled against the herbicide's registration in 2020 and again last year.
The Environmental Protection Agency announced its latest push to allow the use of dicamba on Wednesday, detailing proposed mitigation efforts—including temperature restrictions and the use of drift reduction agents—that EPA spokesperson Molly Vaseliou told The Washington Post would "minimize impact to certain species and the environment."
The EPA's proposed registration is now open for public comment until August 22, but supporters and critics are already weighing in. While the pesticide companies welcomed the agency's attempt to allow dicamba products from BASF, Bayer, and Syngenta, the advocacy groups behind the court battles sharply called out the Trump administration.
"EPA has had seven long years of massive drift damage to learn that dicamba cannot be used safely with GE dicamba-resistant crops," said Bill Freese, science director at the Center for Food Safety, in a statement.
"If we allow these proposed decisions to go through, farmers and residents throughout rural America will again see their crops, trees, and home gardens decimated by dicamba drift, and natural areas like wildlife refuges will also suffer," he warned. "EPA must reverse course and withdraw its plans to reapprove this hazardous herbicide."
Nathan Donley, environmental health science director at the Center for Biological Diversity, declared that "Trump's EPA is hitting new heights of absurdity by planning to greenlight a pesticide that's caused the most extensive drift damage in U.S. agricultural history and twice been thrown out by federal courts."
"This is what happens when pesticide oversight is controlled by industry lobbyists," he charged. "Corporate fat cats get their payday and everyone else suffers the consequences."
The centers pointed out that "the decision to seek reapproval comes less than a month after Kyle Kunkler, a former lobbyist for the American Soybean Association, was installed as the deputy assistant administrator for pesticides in the EPA's Office of Chemical Safety and Pollution Prevention. The ASA has been a vocal cheerleader for dicamba since its initial approval for use on soybeans in 2016, despite the fact that soybeans have been the most widely damaged crop."
The Post asked the EPA whether Kunkler's recent appointment influenced the dicamba decision. In response, Vaseliou said that the "EPA follows the federal Insecticide, Fungicide, and Rodenticide Act when registering pesticides" and any insinuation otherwise was "further 'journalism' malpractice by The Washington Post."
After Kunkler's new job was made public last month, the Environmental Working Group (EWG) also flagged his "years of advocating against restrictions on farm chemicals such as glyphosate and atrazine," and stressed that "these are the very pesticides singled out in Department of Health and Human Services Secretary Robert F. Kennedy Jr.'s 'Make America Healthy Again' report for their potential links to chronic illness in children."
"The appointment of Kyle Kunkler sends a loud, clear message: Industry influence is back in charge at the EPA," said EWG president Ken Cook at the time. "It's a stunning reversal of the campaign promises Trump and RFK Jr. made to their MAHA followers—that they'd stand up to chemical giants and protect children from dangerous pesticides."
"To those who genuinely believed the MAHA movement would lead to meaningful change on toxic exposures: We understand the hope," he said. "But hope doesn't regulate pesticides. People with power do. And this pick all but guarantees the status quo will remain untouched."
Cook—whose group has also sounded the alarm about dicamba—concluded that Kunkler's EPA post "is but the latest example of the Trump administration's sweeping betrayal of environmental protection and public health."
"The court today resoundingly reaffirmed what we have always maintained: The EPA's and Monsanto's claims of dicamba's safety were irresponsible and unlawful," said one plaintiff.
In what one plaintiff called "a sweeping victory for family farmers and dozens of endangered plants and animals," a federal court in Arizona on Tuesday rescinded the U.S. Environmental Protection Agency's 2020 approval of the highly volatile herbicide dicamba for use on certain genetically engineered crops.
In a 47-page ruling, U.S. District Judge David C. Bury found that the EPA failed to comply with public notice and comment requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), legislation passed in 1947 to protect agricultural workers, consumers, and the environment.
"This is a vital victory for farmers and the environment," said George Kimbrell, legal director at the Center for Food Safety (CFS), a plaintiff in the case. "Time and time again, the evidence has shown that dicamba cannot be used without causing massive and unprecedented harm to farms as well as endangering plants and pollinators."
"The court today resoundingly reaffirmed what we have always maintained: The EPA's and Monsanto's claims of dicamba's safety were irresponsible and unlawful," Kimbrell added.
Dicamba has damaged millions of acres of U.S. cropland since the EPA, during the Trump administration, dubiously approved its use on genetically engineered cotton and soybeans developed by Monsanto, which was acquired by Bayer in 2018.
The EPA subsequently identified spray drift as the main environmental risk for dicamba due to its potential to contaminate nontargeted crops, declaring that since 2016 "there has been a substantial increase in the overall number of reported nontarget plant incidents."
As CFS explained on Tuesday:
In today's decision, the court canceled dicamba's over-the-top use, holding that EPA violated FIFRA's public input requirement prior to the approval. This violation is "very serious," according to the court, especially because the 9th Circuit previously held EPA failed to consider serious risks of over-the-top dicamba in issuing the prior registration. The court outlined the massive damage to stakeholders that were deprived of their opportunity to comment, such as growers that do not use over-the-top dicamba and suffered significant financial losses and states that repeatedly reported landscape-level damage yet, in the same 2020 decision, lost the ability to impose restrictions greater than those imposed by the federal government without formal legislative and/or rulemaking processes. As a result, the court found "the EPA is unlikely to issue the same registrations" again after taking these stakeholders' concerns into account.
"We are grateful that the court held the EPA and Monsanto accountable for the massive damage from dicamba to farmers, farmworkers, and the environment, and halted its use," Lisa Griffith of the National Family Farm Coalition—another plaintiff in the case—said in a statement Tuesday. "The pesticide system that Monsanto sells should not be sprayed as it cannot be sprayed safely."
Tuesday's decision in Arizona follows a July 2022 ruling by the 8th U.S. Circuit Court of Appeals in St. Louis that found Monsanto and BASF were liable for damage to a Missouri peach farmer's groves caused by dicamba.
A 2021 EPA report revealed that high-ranking Trump administration officials intentionally excluded scientific evidence of dicamba-related hazards, including the risk of widespread drift damage, before reapproving the dangerous chemical. A separate EPA report described the widespread harm to farmers and the environment caused by dicamba during the 2020 growing season.
"Every summer since the approval of dicamba, our farm has suffered significant damage to a wide range of vegetable crops," said Rob Faux, a farmer and communications manager at the advocacy group Pesticide Action Network, a case plaintiff. "Today's decision provides much-needed and overdue protection for farmers and the environment."
"Those most vulnerable, including children, farmers, and farming communities, will continue to pay the price for the E.U.'s inaction," said one advocate.
With agricultural business owners continuing protests across France, Greece, Spain, and other European countries, European Commission President Ursula von der Leyen angered public health and biodiversity groups Tuesday as she announced the body would withdraw its proposed law to sharply cut the amount of chemical pesticides used in the European Union—a capitulation, said one journalist, to "landowners."
Brussels-based Arthur Neslen, who has reported for The Guardian and Politico, called von der Leyen's announcement "shocking, cowardly, and dishonest" as she withdrew the Sustainable Use Regulation (SUR).
The proposal was first introduced in 2022 and was aimed at slashing pesticide use in half by 2030 and banning pesticide products in areas including urban green spaces and protected sites under the Natura 2000 program, as well as promoting the use of sustainable alternatives.
With farmers staging protests across the E.U. in recent days, complaining over the high cost of maintaining agricultural businesses in Europe, von der Leyen said the SUR had become "polarizing."
Last week, the commission provoked an outcry from environmental advocates when it announced it would allow farmers to delay implementation of a rule requiring them to set aside some of their land to promote biodiversity.
Now, said critics on Tuesday, the commission's decision regarding SUR would further contribute to biodiversity loss as well as water and soil pollution and potential health impacts for people and wildlife.
Reducing European farmers' "dependency on pesticides is not only short-sighted, but a major disservice to public health," said Anne Stauffer, deputy director of the Health and Environment Alliance. "Those most vulnerable, including children, farmers, and farming communities, will continue to pay the price for the E.U.'s inaction."
Grace O'Sullivan, a member of European Parliament representing Ireland, noted that pesticides will continue to be permitted "in nature reserves, city parks, even playgrounds."
In her speech, von der Leyen said farmers "deserve to be listened to" as they face drought and other effects of the climate crisis, higher costs of living, and other factors that make agriculture more expensive.
"Only if our farmers can live off the land will they invest in the future. And only if we achieve our climate and environmental goals together, will farmers be able to continue to make a living," the commission president said.
Friends of the Earth said the "translation" of von der Leyen's comments was "farmers will keep on being poisoned and nature degraded, while the pesticide industry reaps massive profits."
"We cannot afford to leave the pesticide issue unresolved," the group said. "We need real solutions now to support farmers in transitioning away from toxic chemicals."
The Pesticide Action Network (PAN) said the commission's decision—which still has to be ratified by the College of Commissioners in the coming weeks—was made to benefit large "agribusiness interests" and not people struggling to run small farms.
"The European Commission just took a decision that is harmful to farmers and their families, as the first victims of pesticide use," said Martin Dermine, PAN Europe executive director. "Pesticide pollution is a huge problem that has to be tackled. It pollutes our waters, harms our health, and destroys the biodiversity that we depend on. It destroys fertile soil and endangers food production in the long run. We have to move towards a healthy and sustainable form of agriculture quickly, doing nothing is not an option in the light of the biodiversity crisis we're in."
"Thousands of scientists and millions of citizens have urged E.U. politicians to take urgent action," he added. "Not answering citizens' demands goes against democracy and only favors agribusiness."