WASHINGTON, Oct. 4, 2017 - EPA must either turn over records related to Enlist Duo’s effects on threatened and endangered species or fully explain its reasons for withholding the information, a federal judge ruled last week. The Center for Biological Diversity had sought the documents on Dow AgroSciences’ herbicide, whose active ingredients are 2,4-D and glyphosate. It is registered for use on corn, soybeans and cotton in 34 states. U.S. District Judge Beryl Howell in Washington, D.C., called EPA’s justifications for withholding documents “jumbled and disorganized, inspiring little confidence that EPA has adequately kept track of each withheld document or fully considered, let alone explained, the basis for withholdings.” She ordered EPA to turn over the disputed documents within 20 days or better explain why it was withholding them, and also ordered the agency to conduct a supplemental search for documents responsive to the center’s Freedom of Information Act request.
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