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 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 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.
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.
EPA defended its decision to allow use of existing stocks of three dicamba herbicides, saying in a court filing that it has taken "responsible steps to avoid unregulated and inappropriate use of existing stocks."
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.