Ag Groups Ask Biden Administration for Supreme Court Glyphosate Intervention

Several years ago, when Bayer CropScience lost the first court case involving glyphosate and plaintiff Edwin Hardeman, the company promised to appeal the decision “all the way to the Supreme Court.” And it seemed as if this was exactly where the case would end up.

However, Bayer and many folks within the agricultural community were first waiting to see the written opinion of the nation’s Solicitor General, Elizabeth Prelogar, on the matter. This was published on May 10.

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It was not what the industry was hoping for.

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In the letter, the Solicitor General advised the Supreme Court against hearing the case. In essence, Prelogar said in her letter that “federal pesticide registration and labeling requirements do not preclude states from imposing additional labeling requirements, even if those requirements run counter to federal findings.”

Once this initial letter was published, Bayer released the following statement: “The company continues to believe there are strong legal arguments to support Supreme Court review and reversal in Hardeman, as its petition and the many amicus briefs filed in support of the petition underscore. Indeed, the expert U.S. agency, the EPA, has consistently found that glyphosate-based herbicides can be used safely and are not carcinogenic. Therefore, a cancer warning would be false and misleading and would be preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).”

Now, 54 agricultural associations and trade groups have sent a letter directly to President Joe Biden, asking him to “swiftly withdraw” the Solicitor General’s brief. Among these were the Agricultural Retailers Association, CropLife America, the American Farm Bureau Federation, and the American Soybean Association (ASA). These groups warned that the new policy being proposed “would set a dangerous precedent that threatens the science-based regulatory process.”

“Federal law is clear that pesticide labels cannot be false or misleading,” wrote ASA President Brad Doyle. “Allowing states to require health warnings contrary to decades of sound science is beyond disturbing and obviously not in line with federal law. I and other farmers are concerned this new policy will open the floodgates to a patchwork of state labels that will undermine grower access to safe, effective pesticides needed to farm productively and sustainably.”

Will the letter to President Biden help in the glyphosate Supreme Court case?

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Avatar for Mike Swift Mike Swift says:

To assume EPA should have preemptive authority vs state regulators is a false argument. Having worked in the crop protection industry for over 35 years I have witnessed companies such as Monsanto unduly trying to influence EPA to lessen PPE requirements to the detriment of human health believing that stricter PPE requirements will impact sales. EPA should not have the final say on labeling requirements as they are subject to manipulation by big ag especially when it comes to making judgements based on falsified data supporting big ag’s desire for less restrictive labeling.

Avatar for Don Lewis Don Lewis says:

With any other Presedent this may mean something but with the Biden adminastation this means nothing, he’s an old man that doesn’t have a clue what farming is about!

Avatar for Joseph R Heckman Joseph R Heckman says:

An important book on the subject of glyphosate is: Toxic Legacy, How the Weed Killer Glyphosate Is Destroying Our Health and The Environment. By Stephanie Seneff, PhD

Avatar for Rodger Meyer Rodger Meyer says:

To answer Don Lewis age doesn’t have anything to do with making the right decision. as I am 70 years young.

Avatar for Rodger Meyer Rodger Meyer says:

Age has nothing to do with it. I am still farming full time at age 70 years young. I am a Certified Crop Adviser, Certified Commercial Pesticide Applicator. Started with computers in 1985 and added 9 years of Agriculture college. drove my first tractor in 1957.

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