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EPA allowed Bayer to choose its own regulations for dicamba herbicide, documents show

Internal records reveal unusually close collaboration between regulator and pesticide giant in drafting proposed rule

By LineZotpaper
Published
Read Time1 min
The US Environmental Protection Agency asked Bayer to select from a menu of regulatory options for the controversial weedkiller dicamba, then incorporated those choices into a proposed federal rule, according to newly released internal agency documents reported by The Guardian.

The documents provide an unusually clear look into the process of developing pesticide regulations, which is typically conducted out of public view. They show that the EPA presented Bayer with a set of mitigation choices, received the company's preferences, and effectively adopted those preferences in a proposed rule published on the federal register.

The weedkiller dicamba has long been controversial due to its tendency to drift and damage neighboring crops not engineered to tolerate it. The herbicide has been linked to widespread legal disputes between farmers. Bayer, which acquired Monsanto – the original developer of dicamba-tolerant seeds – has faced numerous lawsuits over alleged crop damage.

The newly released records were obtained by environmental groups through public records requests. The Guardian reported that the documents, which include a presentation from the EPA to Bayer earlier in 2025, illustrate the degree to which the company was permitted to shape its own regulatory burden.

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Analysis

Why This Matters

  • The documents raise questions about regulatory independence and whether the EPA is sufficiently protecting the public and the environment from a known hazardous pesticide.
  • The precedent could influence how the agency handles future pesticide approvals, potentially narrowing mitigation requirements.
  • Environmental and farm groups may use the records to challenge the proposed rule in court or push for congressional oversight.

Background

Dicamba is a widely used herbicide known for its volatility and tendency to drift from application sites, causing damage to millions of acres of crops not resistant to it. Bayer inherited the dicamba-tolerant seed system through its acquisition of Monsanto. The EPA's pesticide registration process is typically confidential, making the release of these internal documents notable for transparency advocates.

Key Perspectives

Environmental and farm advocacy groups: They argue the documents confirm a pattern of industry capture at the EPA, where the regulated party effectively dictates the terms of regulation. The Center for Biological Diversity, which helped obtain the documents, has called the practice unacceptable. Bayer: The company has not publicly commented on the specific documents but historically defends its products as safe when used as directed and insists regulations should be based on sound science and practical farm needs. The EPA: The agency may contend that seeking industry input is standard procedure to craft enforceable and workable rules, and that it retains final authority over any regulation.

What to Watch

  • Whether the EPA finalizes the proposed rule as written or modifies it in response to public comment.
  • Legal challenges from environmental groups that could delay or block the rule.
  • Potential congressional hearings on the EPA's pesticide regulatory process and industry influence.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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