EPA Administrator Lee Zeldin said the Set 2 rules will create a “larger, more stable and more reliable” domestic market for U.S. crops. 

The agency said their decision addresses concerns from farmers about not having access to the herbicide for controlling resistant weeds, especially Palmer amaranth.

SCOTUS considered Bayer’s petition for writ of certiorari earlier this year but asked Solicitor General D. John Sauer for additional input on the case, Monsanto Co. vs. John L. Durnell.

Biotech giant Bayer has been lobbying Congress to pass new legislation that could protect the company from spending billions on lawsuits.