The American Farm Bureau Federation and grower groups, as well as CropLife America, have filed amicus briefs in the 9th Circuit supporting a rehearing of the court’s decision vacating the registration of three dicamba herbicides.
Bayer, Corteva and BASF have filed petitions for rehearing en banc, before a panel of 11 judges.
CropLife said the June 3 decision “failed to accord appropriate deference to EPA’s decision making” and that the registrations “are the product of both EPA’s rigorous scientific review under FIFRA” and investments of “tens of millions of dollars” by its member companies.
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The Farm Bureau and grower groups, citing the court’s opinion, said it was not clear how FIFRA applies to “the alleged harm to the ‘social fabric’ of farming communities from crop-damage disputes and the purported economic effects of farmers feeling coerced into buying dicamba-tolerant seeds.”
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