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.
Enlist Duo, a Corteva Agriscience herbicide that is a mixture of 2,4-D choline and glyphosate, mostly survived legal challenges in a 9th U.S. Circuit Court of Appeals opinion today that will allow its continued use.
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 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 Environmental Protection Agency failed to take into account the risks associated with dicamba before allowing Monsanto's Xtendimax formulation of the herbicide to be used for the 2017 growing season, lawyers for environmental groups and small family farms told a federal appeals court Wednesday.