Notice to Certain Pesticides Data Submitters on Disclosure of Documents in Support of Litigation

For Release: December 8, 2017

EPA is notifying affected businesses that EPA is disclosing documents regarding the pesticides dicamba, 2,4-D, and glyphosate to the court and the parties as part of the Administrative Record in the matter of National Family Farm Coalition, et al. v. U.S. Environmental Protection Agency and Scott Pruitt, Case No. 17-70196 (9th Cir.) (the “Dicamba Litigation”), and in the consolidated matters of National Family Farm Coalition, et al. v. U.S. Environmental Protection Agency and Scott Pruitt, Case No. 17-70810 (9th Cir.) and Natural Resources Defense Council v. Scott Pruitt and U.S. Environmental Protection Agency, Case No. 17-70817 (9th Cir.) (the “Enlist Duo Litigation”). The documents were submitted to EPA by pesticide registrants or other data-submitters and may contain confidential business information (“CBI”) or may be subject to various release restrictions under federal law.

All such documents are designated as “Confidential or Restricted Information” under Protective Orders that the Court entered on November 8, 2017 in both the Dicamba Litigation and the Enlist Duo Litigation. The Protective Orders limit the use of such documents to litigation purposes only and do not allow release of the documents to the public by the parties in these actions without further review.

For more information, see the Notice regarding this disclosure of information, which will be published soon in the Federal Register.