On June 4th, 2020 the Ninth Circuit Court of Appeals vacated the EPA’s approval of the use of three different types of dicamba, a herbicide developed by Monsanto. They did so stating that the EPA, “...substantially understated the risk that it acknowledged.” Dicamba is a herbicide developed by Monsanto, that was approved in late 2016 as a replacement for another dangerous herbicide “Round-Up”. Many common weeds had grown resistant to Round-Up along with many other common herbicides. While not as dangerous to people as Round-Up is, dicamba has still been making the farmers that use it sick. The true harm of dicamba that the Ninth Circuit focused on when it vacated the approval of it, however, was the harm it causes to the environment and nearby farms.
Fellowship Spotlight: Meredith Starks
U.S. Supreme Court Case Breakdown: Maui v Hawaii Wildlife
Pennsylvania’s Sunshine Act - Open Meetings Law
During the global pandemic local governments are dealing with another problem: how to follow the laws around transparency and public participation housed in the Sunshine Act while their doors are closed to the public for their own safety.
Environmental Lawyering during the COVID-19 Pandemic
On May 14, 2020, the Pennsylvania bar Institute hosted a webinar with Alex Chiaruttini, Chief Counsel the Pennsylvania Department of Environmental Protection (“DEP”) and Cecil Rodrigues, Regional Counsel for Region III of the United States Environmental Protection Agency (“EPA”), detailing the state of agency operations during the COVID-19 shutdown. I attended this webinar on behalf of Fair Shake and all of our clients and put together this blog post to help answer some critical questions about lawyering during this global pandemic.





