Attorney on dicamba update and re-registration
July 6, 2020 By Julie Harker Filed Under: News
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.
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