BASF, Corteva ask for new 9th Circuit Court review on dicamba ruling

Two ag companies have asked the 9th Circuit Court for a new review of their decision to vacate the registration of dicamba products.  BASF and Corteva both filed a petition Monday for a rehearing of the case en banc, meaning they want all of the 9th Circuit Court’s judges to hear the case instead of just the three that initially decided to vacate the EPA’s registry of BASF’s Engenia, Corteva’s FeXapan and Bayer’s XtendiMax products.

Court documents filed Monday by BASF and Corteva claim the judges unlawfully asserted jurisdiction and vacating the registration conflicts with court precedent.  They also say the court deprived them of having their views heard in the case against Monsanto, which is now part of Bayer.

The court has not responded to the motion yet, and dicamba registrations remain vacated.  The EPA is allowing farmers to use existing stocks according to state and label guidelines until July 31st.

BASF was denied a motion to recall and stay the ruling to vacate the registrations in late June.

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