A late Friday court decision confirms farmers may use existing stocks of dicamba herbicides this growing season. The Ninth Circuit appeals court, which vacated the registrations of three dicamba herbicides earlier this month, denied a petition to stop use of the products already purchased by farmers and applicators.
The ruling applies to Bayer’s XtendiMax, BASF’s Engenia and Corteva’s FeXapan herbicides. Additionally, during its series of late evening orders on June 19, the Court granted both CropLife America’s and a grower coalition’s requests to file an amicus brief.
The brief supports the Environmental Protection Agency’s order to allow use of the products. That brief highlighted the devastating consequences that would result if the NGO’s request were granted and growers could not use existing stocks.
The request counters EPA guidance that allows existing stocks use when registrations are vacated, in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act. The American Soybean Association says, “American growers and the public are fortunate that a proper administrative and judicial-review framework exists.”