Court vacates three dicamba registrations–Updated
A U.S. appeals court has issued a ruling vacating the EPA’s registration of three dicamba herbicides.
The U.S. Court of Appeals for the Ninth Circuit, which is headquartered in San Francisco, said the EPA “substantially understated risks that it acknowledged and failed entirely to acknowledge other risks” dicamba poses. It said the agency violated federal regulations when it extended its approval of registration for the herbicide for another two years in October 2018.
The ruling applies to Bayer’s XtendiMax, BASF’s Engenia and Corteva’s FeXapan. It does not mention another dicamba herbicide, Syngenta’s Tavium.
EPA, in a brief statement provided to Brownfield, said it is currently reviewing the court decision and “will move promptly to address the Court’s order.”
Bayer, in a statement sent to Brownfield, said it strongly disagrees with the ruling and is assessing its options. Bayer said if the ruling stands, it will “work quickly to minimize any impact” on its customers this season.
Corteva tells Brownfield it is reviewing the court’s decision. The company said it believes dicamba can be used safely when used according to the label.
The ruling applies to the current registration, which was set to run through December 20th of this year.