Bayer, Corteva and BASF all have filed motions in the Ninth Circuit Court of Appeals seeking en banc rehearing of a June 3 decision vacating registrations of Xtendimax, FeXapan and Engenia for use on soybeans and cotton.
The decision generated widespread confusion in the farm community and a flurry of court filings after the Environmental Protection Agency issued a June 8 cancellation order that allowed continued use of products already in the hands of growers and applicators until July 31. Ultimately, the court rejected a specific request by the environmental petitioners to enforce its order and stop dicamba use, as well as a motion by BASF to stay its ruling.
In the new filings, the companies argue the court did not defer to the agency’s expertise. Both BASF and Corteva also contend rehearing is necessary because they were not aware the case involved their herbicides.
Bayer also argued that the petition filed by the plaintiffs missed the 60-day deadline for filing by 11 days.
George Kimbrell, lead counsel for the petitioners, said the groups are reviewing the filings, and added, "The court’s decision is fully supported by the record and law. We are confident the court will reject the intervenors’ latest efforts to avoid accountability for their unlawful approval and the harm their products have caused farmers."
Because of the size of the Ninth Circuit, an en banc court consists of 11 judges.
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