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Ruling says EPA ignored clear evidence that the new herbicide would cause widespread damage to crops: 

The Environmental Protection Agency (EPA) broke the law in approving agricultural weedkilling products sold by Bayer and two other chemical giants, ignoring clear evidence that the new herbicides would cause widespread damage to crops, a federal court ruled on Wednesday.

The decision by the US court of appeals for the ninth circuit invalidates the registrations for dicamba-based herbicides made by Monsanto, which is owned by Bayer AG, BASF and Corteva Agrisciences that are designed to be sprayed on genetically engineered soybeans and cotton. The court order effectively makes it illegal for farmers to continue to use the dicamba herbicides this summer as they tend to millions of acres of crops. 

In a stinging rebuke, the court said it had no choice but to cancel the EPA’s approval of the herbicides because the agency had strayed so far from its duty to properly assess the dangers presented by the “new use” of dicamba. 

With the turn of the calendar to June, farmers in the U.S. Midwest are wrapping up the planting of new soybean crops and tending to growing fields of young corn plants and vegetable plots. But many are also bracing to be hit by an invisible enemy that has wreaked havoc in farm country the last few summers – the chemical weed killer dicamba.

Jack Geiger, a certified organic farmer in Robinson, Kansas, describes the last few summer growing seasons as characterized by “chaos,” and said he partially lost certification for one field of organic crops due to contamination with dicamba sprayed from afar. Now he is pleading with neighbors who spray the weed killer on their fields to make sure the chemical stays off his property.

“There is dicamba everywhere,” Geiger said.

Geiger is only one of hundreds of farmers around the U.S. Midwest and several southern states who have reported crop damages and losses they claim were caused by drifting dicamba over the last few years.

The US Environmental Protection Agency is due in federal court on Tuesday to answer allegations that it broke the law to support a Monsanto system that has triggered “widespread” crop damage over the last few summers and continues to threaten farms across the country.

As farmers prepare to plant a new season of key American food crops, farmer and consumer groups are asking the ninth circuit court of appeals in San Francisco to review and overturn the EPA’s approval of a Monsanto herbicide made with a chemical called dicamba.

The US agriculture giant Monsanto and the German chemical giant BASF were aware for years that their plan to introduce a new agricultural seed and chemical system would probably lead to damage on many US farms, internal documents seen by the Guardian show.

Risks were downplayed even while they planned how to profit off farmers who would buy Monsanto’s new seeds just to avoid damage, according to documents unearthed during a recent successful $265m lawsuit brought against both firms by a Missouri farmer.

The documents, some of which date back more than a decade, also reveal how Monsanto opposed some third-party product testing in order to curtail the generation of data that might have worried regulators.

And in some of the internal emails, employees appear to joke about sharing “voodoo science” and hoping to stay “out of jail”.

Bayer AG is reneging on negotiated settlements with several U.S. law firms representing thousands of plaintiffs who claim exposure to Monsanto’s Roundup herbicides caused them to develop non-Hodgkin lymphoma, sources involved in the litigation said on Friday.

The reversal comes as U.S. courts are closed to the public because of the spreading coronavirus, eliminating the specter of another Roundup cancer trial in the near future.

A California shareholder of Bayer AG on Friday filed a lawsuit against the companies’ top executives claiming they breached their duty of “prudence” and “loyalty” to the company and investors by buying Monsanto Co. in 2018, an acquisition the suit claims has “inflicted billions of dollars of damages” on the company.

Plaintiff Rebecca R. Haussmann, trustee of the Konstantin S. Haussmann Trust, is the sole named plaintiff in the suit, which was filed in New York County Supreme Court.  The named defendants include Bayer CEO Werner Baumann, who orchestrated the $63 billion Monsanto purchase, and Bayer Chairman Werner Wenning, who announced last month he was stepping down from the company earlier than planned. The suit claims that Wenning’s decision came after Bayer improperly obtained a copy of the then-draft shareholder lawsuit “through corporate espionage.”

A Missouri peach farmer notched a rare courtroom victory this month, defeating the former Monsanto Co. and chemical giant BASF in the first of what is expected to be a series of court fights over claims that the companies are responsible for pesticide damage that has wiped out orchards, gardens, and organic farm fields in multiple states.

Not again. News out of Europe last week revealed that more than 20 scientific studies submitted to regulators to prove the safety of the popular weedkilling chemical glyphosate came from a large German laboratory that has been accused of fraud and other wrongdoing.

The findings come amid global debate over whether or not glyphosate causes cancer and other health problems and if regulators and chemical companies proclaiming the chemical’s safety actually have credible science on their side.

Amid a government investigation into the Laboratory of Pharmacology and Toxicology (LPT), investigators representing three European non-profit consumer advocacy groups are raising concerns about the validity of the glyphosate studies generated by the Hamburg facility. No significant concerns with glyphosate were found, according to the tests, three of which looked for glyphosate-related mutagenicity. Monsanto and other chemical companies needed those studies and others to submit to regulators in order to obtain re-approval to sell glyphosate herbicide products in Europe.

A showdown is underway in the Midwest as the owner of a large Missouri peach farm seeks to hold the former Monsanto Co. accountable for millions of dollars in damage to his crops—losses the farmer claims resulted from a corporate strategy to induce farmers to buy high-priced specialty seeds and chemicals.

The trial got underway on January 27 in US District Court in Cape Girardeau, Missouri. Farmer Bill Bader, who has grown peaches in Missouri’s “Bootheel” region for 40 years, is seeking more than $20 million. The lawsuit alleges that Bader Farms lost more than 30,000 trees due to Monsanto’s actions, in collaboration with German chemical giant BASF, to profit from a new cropping system involving genetically engineered seeds designed to tolerate dousing of the herbicide dicamba.

Tests by a US government agency on common weedkilling products made with the chemical glyphosate have found some formulations sold to the public to be genotoxic, meaning they are damaging to human DNA.

But the government scientists at the National Toxicology Program (NTP) say the danger probably lies with added ingredients in the products – not glyphosate.