Source: SOUTHERN CROP PRODUCTION ASSOC, 6/8/20

The U.S. Court of Appeals for the Ninth Circuit issued a ruling on June 3 that vacates the Environmental Protection Agency’s (EPA) approval of low-volatility dicamba products. This specifically addresses the 2018 product registrations that were set to expire in December of this year.


U.S. Secretary of Agriculture Sonny Perdue today issued the following statement on the United States Ninth Circuit Court of Appeals decision to vacate Dicamba registrations: “Producers need all the tools in their toolbox to produce the world’s food, fuel, and fiber, and USDA re-affirms its support for EPA’s science-based process for assessing and managing ecological risks, balanced against the agricultural and societal benefits of crop protection tools. USDA stands ready to assist its federal partners in meeting that goal. Farmers across America have spent hard earned money on previously allowed crop protection tools. I encourage the EPA to use any available flexibilities to allow the continued use of already purchased dicamba products, which are a critical tool for American farmers to combat weeds resistant to many other herbicides, in fields that are already planted. Unfortunately, the Ninth Circuit has chosen to eliminate one of those tools.”

Bayer stated, “We strongly disagree with the ruling and are assessing our options. If the ruling stands, we will work quickly to minimize any impact on our customers this season. Our top priority is making sure our customers have the support they need to have a successful season. Bayer stands fully behind our XtendiMax product. We will continue working with the EPA, growers, academics, and others to maintain long-term access to this important tool.” In addition, Bayer sent a notice to growers that it is pausing all orders, shipment and applications of their dicamba product XtendiMax. More information will be updated in this link.

Corteva provided the following statement early Thursday morning: "Corteva is reviewing the court’s decision. We believe dicamba is an effective weed management tool for farmers that can be used safely when used according to the label."

BASF said the following: "The Order issued on June 3 by the United States Court of Appeals for the Ninth Circuit vacating the registration of Engenia® herbicide and two other products is unprecedented and has the potential to be devastating to tens of thousands of farmers... We are currently reviewing the Order and are waiting on further direction from the U.S. EPA on actions they will take as a result of this Order. We will use all legal remedies available to challenge this Order and we remain committed to serving our customers with safe and effective crop protection solutions, including Engenia herbicide."
Engenia is produced by BASF and FeXapan by Corteva. The only registration not mentioned is Syngenta’s Tavium dicamba product.