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Attorney on dicamba update and re-registration

An ag attorney says there’s been a lot of paperwork in the legal fight over the use of dicamba products but farmers remain able to use them by following their state guidelines under EPA’s federal order through the end of July.

Brianna Schroeder with Janzen Law Firm in Indianapolis tells Brownfield the Ninth Circuit court denied BASF’s motion to stay and recall ruling, “The argument by BASF and Corteva was that they were not aware that their products or that they were going to be litigated, that their issues were going to be litigated in this lawsuit, until they got that June 3rd ruling from the Ninth Circuit.”

And, she says the court denied a move by the plaintiffs, “The petitioners also filed a motion back earlier in June basically asking the court to hold the  EPA in contempt and halt all dicamba use because of the EPA’s decision about those existing stocks.”

Schroeder expects the EPA to spend more time and “spill more ink” when it comes to re-registration of the dicamba products for 2021 because of the areas the court ruling said EPA failed to address. Schroeder says, “The court points out that the EPA did not take into consideration all of the risks inherent to dicamba usage and that the risks the EPA did consider, it really didn’t give enough weight to.”

Schroeder says she considers one of the court’s findings ‘off the wall,’ in her opinion, because it said the EPA did not pay attention to the social order of farming when it approved the products, “It makes me wonder if when the EPA is considering these re-registrations and registrations for other chemicals whether it’s going to have something to include something about whether this product has an effect on the ‘social order.’”

Schroeder says the court was referring to the conflict that occurred between farmers using the dicamba products and those that did not whose crops experienced drift damage.

Interview with Attorney Brianna Schroeder ^^

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