EPA Sends Secret Pesticide Data to DOJ for Dicamba Lawsuits
Published Date: 6/16/2026
Notice
Summary
The EPA is sharing pesticide info, including some secret business details, with the Department of Justice and certain court cases about dicamba pesticide use on cotton and soybeans. This affects companies that submitted this info and is happening now as part of ongoing lawsuits. No new costs or deadlines for businesses, but their info will be reviewed in court.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
Your CBI will be shared in dicamba lawsuits
The EPA will transfer pesticide-related documents, including information claimed as Confidential Business Information (CBI), to the U.S. Department of Justice and parties in two consolidated cases (Case No. 26-1326 and Case No. 26-1556, 8th Cir.). This transfer covers materials submitted under FIFRA and FFDCA about dicamba registrations and is dated June 11, 2026; access by DOJ and the parties is ongoing during the litigation. Companies that submitted these documents should expect their confidential submissions to be reviewed by DOJ, the parties, and the Court.
Protected designation and sealed filings limit public release
EPA will designate documents that may be subject to release restrictions as "Protected Information" and intends to seek a Protective Order to require that such documents be filed under seal and used only for the litigation. The Protective Order would allow de-designation procedures for portions of the record, and at the conclusion of the litigation would require that EPA-designated Protected Information be destroyed or returned to EPA.
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