Notice2026-12055
United States Department of Justice and Parties to Certain Litigation; Transfer of Information Potentially Containing Confidential Business Information
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This document announces that pesticide-related information submitted to the Environmental Protection Agency (EPA or Agency) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to the U.S. Department of Justice (DOJ) and parties to certain litigation. This transfer of data is in accordance with the CBI regulations governing the disclosure of potential CBI in litigation.
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Notices]
[Page 36140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12055]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0154; FRL-OCSPP-13447-01]
United States Department of Justice and Parties to Certain
Litigation; Transfer of Information Potentially Containing Confidential
Business Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This document announces that pesticide-related information
submitted to the Environmental Protection Agency (EPA or Agency)
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including
information that may have been claimed as Confidential Business
Information (CBI) by the submitter, will be transferred to the U.S.
Department of Justice (DOJ) and parties to certain litigation. This
transfer of data is in accordance with the CBI regulations governing
the disclosure of potential CBI in litigation.
DATES: Access to this information by DOJ and the parties to certain
litigation is ongoing and expected to continue during the litigation as
discussed in this document.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division
(7505M), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number:
(202) 566-1030; email address: <a href="/cdn-cgi/l/email-protection#1e4c5a584c50716a777d7b6d5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="1a485e5c4854756e73797f695a7f6a7b347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document is being provided pursuant to
40 CFR 2.209(d) to inform affected businesses that EPA, via DOJ, will
provide certain information to the parties and the Court in the
consolidated matters of American Soybean Association v. U.S.
Environmental Protection Agency, et al., Case No. 26-1326 (8th Cir.)
and National Family Farm Coalition, et al. v. U.S. Environmental
Protection Agency, et al., Case No. 26-1556 (8th Cir.). The information
is contained in documents that have been submitted to EPA pursuant to
FIFRA and FFDCA, including information that has been claimed to be, or
determined to potentially contain, CBI. In the pending litigation, the
petitioners seek judicial review of EPA's registrations of three
dicamba products for use on dicamba-tolerant cotton and soybeans,
issued under FIFRA, 7 U.S.C. 136 et seq.
The documents are being produced as part of the Administrative
Record of the decisions at issue and include documents that registrants
or other data-submitters may have submitted to EPA regarding the
pesticide dicamba, and that may be subject to various release
restrictions under federal law. The information includes documents
submitted with pesticide registration applications and may include CBI
as well as scientific studies subject to the disclosure restrictions of
section 10(g) of FIFRA, 7 U.S.C. 136h(d).
All documents that may be subject to release restrictions under
federal law will be designated as ``Protected Information'' in the
certified list of record materials that EPA will file in these
consolidated cases. Further, EPA intends to seek a Protective Order
that would preclude public disclosure of any such documents by the
parties in these actions who have received the information from EPA and
limit the use of such documents to litigation purposes only, unless a
party successfully obtains a de-designation as Protected Information of
any portion of the Administrative Record via a procedure that would be
described in the Protective Order. If such documents are filed with the
Court, the anticipated Protective Order would require that such
documents be filed under seal and not be available for public review,
unless the information contained in the document has been determined to
not be subject to section 10(g) of FIFRA and all CBI has been redacted.
At the conclusion of the litigation, the anticipated Protective
Order would require that record material EPA designates as ``Protected
Information'' be destroyed or returned to EPA.
Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.
Dated: June 11, 2026.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2026-12055 Filed 6-15-26; 8:45 am]
BILLING CODE 6560-50-P
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