The 9th U.S. Circuit Court of Appeals has denied requests to rehear its decision vacating registrations for Xtendimax, FeXapan and Engenia, leaving the Supreme Court as the last stop for dicamba manufacturers seeking to overturn the ruling.
The Environmental Protection Agency has “flagrantly contravened” the Ninth Circuit’s June 3 order on three dicamba herbicides by continuing to allow over-the-top use on soybeans and cotton, the petitioners in the litigation argued in an emergency motion Thursday.
Much of the ag industry was still in a state of confusion Tuesday over applications of dicamba this growing season following EPA’s decision to cancel three registrations but allow use of existing stocks by growers and applicators.
The Environmental Protection Agency will allow growers and applicators to use existing stocks of three dicamba herbicides until July 31, despite a recent appeals court decision vacating the products’ registrations.
The Ninth Circuit Court of Appeals has vacated the registrations of three dicamba herbicides — Bayer's Xtendimax, BASF's Engenia and Corteva's FeXapan — after finding that EPA substantially understated or failed to consider the social and economic costs.
The Arkansas State Plant Board voted 10-3 Wednesday to ban dicamba use between April 16 and Oct. 31 next year, a move that was fiercely opposed by Monsanto, which sells dicamba-tolerant seed and a low-volatility dicamba herbicide designed to kill Roundup-resistant weeds.