The Environmental Protection Agency’s decision to register dicamba for use on soybeans and cotton is facing another lawsuit from the same groups that succeeded in convincing an appeals court to vacate registrations earlier this year.
Dicamba applications on soybean and cotton will come with a cutoff date next year and require larger buffer zones to avoid off-target drift, the Environmental Protection Agency said Tuesday in approving new five-year registrations for the herbicides.
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.
EPA has illegally defied the Ninth U.S. Circuit Court of Appeals’ decision vacating registrations of dicamba for over-the-top use on cotton and soybeans, the petitioner groups argued in response to the agency’s brief filed Tuesday claiming that its cancellation complied with both the court order and FIFRA.
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.