EPA allowed Bayer to select dicamba regulatory safeguards

Internal documents released through ongoing litigation reveal that the Environmental Protection Agency (EPA) allowed the pesticide manufacturer Bayer to select specific regulatory restrictions for the herbicide dicamba. The agency presented Bayer with various mitigation options regarding the chemical’s volatility and runoff, and subsequently incorporated the company’s selections into a proposed federal rule.

According to the records, Bayer chose the least restrictive option for one safeguard and a middle-tier approach for another. The herbicide has a history of drifting beyond treated areas, causing damage to nearby crops, orchards, native vegetation, and wildlife refuges. Additionally, dicamba has been linked to health concerns, including liver cancer and non-Hodgkin lymphoma.

Critics, including the Center for Biological Diversity, have characterized the exchange as “crossing a line,” arguing that the EPA allowed the company to effectively regulate itself. While courts have previously ordered the herbicide off the market due to drift issues, the EPA has since re-approved its use.