Lawyers for the hemp industry struggled to convince judges at a D.C.-based federal appeals court that they have standing to challenge recent Drug Enforcement Agency rule changes for marijuana-adjacent substances.

“The government asserts the language in the regulation has the same meaning as the statute. They interpret their own regulations; if they do then there’s no controversy,” said Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit, who, along with Judge Judith W. Rogers both harped on the importance of presenting evidence of an injury before the group could challenge rule changes.