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 must respond by Tuesday to an emergency motion filed by four groups seeking to enforce the Ninth Circuit’s court’s June 3 order vacating over-the-top dicamba registrations.
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.