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Attorney says Enlist case is different than dicamba case

There’s concern that litigation against Corteva’s Enlist DUO system will be another blow to growers, following the ruling that forced EPA to vacate the registration of three dicamba products. Ag Attorney Brianna Schroeder with the Janzen Law Firm tells Brownfield Ag News although the lawsuit is brought by the same environmental plaintiffs and will be heard in the same federal circuit court, the cases are different, “It alleges that the EPA didn’t do it’s job and violated both the Endangered Species Act and FIFRA.”

Schroeder says the plaintiffs are making a lot of the same claims – that the EPA didn’t do the correct analysis for registration. But, she says, the Enlist chemicals have been around a lot longer than the new dicamba formulations, “With the Enlist Duo, there’s a much longer time line stretching out. So, that I think does change the calculation a little bit. At the same time we have to consider there are going to be probably different Ninth circuit judges look at this that can change an opinion.”

Schroeder says the 9th circuit court should look at its own precedent and she expects the plaintiffs will cite the dicamba case. But she expects EPA and its defenders to argue the opposite, that Enlist and the dicamba products are completely different chemicals.