Bayer and Syngenta Follow BASF Intervention in Dicamba Suit in Favor of EPA

A day after BASF’s intervention in a suit filed by farmer’s organizations against the Environmental Protection Agency (EPA)’s added restrictions in its registration of dicamba products for over-the-top uses, Bayer Cropscience LP and Syngenta Crop Protection, LLC, two other companies who produce dicamba herbicides, intervened in the case as well. 

All three companies intervened in favor of the defendant, arguing that the EPA’s added restrictions give needed protections, for the environment and likely to protect the companies against potential lawsuits. The plaintiffs claimed that the conditions would increase costs for farmers and disrupt growing seasons. Bayer and Syngenta argued that they had interests in the case that are not represented by either the EPA or the plaintiffs. They also claimed that they have standing to intervene in the case because they produce over-the-top dicamba products and thus have interests involved in the proceeding. 

The plaintiffs, including American Soybean Association and Plains Cotton Growers, Inc., argued in their complaint that the restrictions imposed in the EPA’s registration of the dicamba products do not fall under the EPA’s authority and is a breach of the Administrative Procedure Act, the Federal Insecticide Fungicide, and Rodenticide Act, and the Endangered Species Act. 

Syngenta said that the additional regulations were not a breach of authority and sought “a declaration that the other aspects of the registrations are lawful.” The company also requested an extension of time to file a response to the plaintiff’s complaint with the federal defendants. 

Both of Wednesday’s motions required a request that they be granted permissive intervention at a minimum. Bayer claimed that permissive intervention from Bayer would aid the process of the case, and said that it has expertise because of its involvement with the EPA securing registration for its product, XtendiMax. 

Environmental organizations who won a suit earlier this year advocating for the previous registration of dicamba to be vacated have not yet filed a lawsuit against the recent registration.