U.S. Court of Appeals rules to vacate registrations of three dicamba products
June 4, 2020 (updated June 9, 2020)
Yesterday (June 3, 2020), the U.S. Court of Appeals for the Ninth Circuit issued a ruling that vacates current U.S. registrations of certain low-volatility dicamba products, including Bayer’s XtendiMax® herbicide. The ruling comes after environmental organizations filed a petition challenging the Environmental Protection Agency’s 2018 approval of conditional registrations for three dicamba-based herbicides: Bayer (Xtend), Corteva Agriscience (FeXapan) and BASF (Engenia).
Bayer strongly disagrees with the ruling and is assessing next steps.
Syngenta’s Tavium dicamba product is not mentioned.
Whether farmers may legally apply dicamba formulations that match dicamba-tolerant crops, including soybeans, in 2020 remains unclear. (June 8 2020 update: EPA final cancellation order ) However, Seed Genetics Direct remains committed to fostering success for all customers and will post updates here as they become available.
Below are the latest developments.
Federal Court Opinion - United States Court of Appeals for the Ninth Circuit, June 3, 2020
EPA final cancellation order - June 8, 2020
EPA response - June 5, 2020
Ag Retailers Association response - June 5, 2020
BASF response - June 5, 2020
Iowa Secretary of Agriculture letter to EPA requesting guidance - June 5, 2020
Association of American Pesticide Control Officials response - June 5, 2020
Guidance from Indiana State Chemist - June 2020
Bayer response to court ruling - June 2020
Illinois Department of Agriculture response and guidance - June 4, 2020
Dicamba use for 2020 in question due to federal court ruling - SuccessfulFarming, June 3, 2020
Association of American Pesticide Control Officials dicamba registration letter to EPA - April 28, 2020
EPA Announces Changes to Dicamba Registration – Nov. 1, 2018
Dicamba Registration Decision – EPA, Oct. 31, 2018