On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit issued a ruling that vacates current U.S. registrations of of three dicamba herbicides, XtendiMax (Bayer), Engenia (BASF) and FeXapan (Corteva). The Court ruled in favor of a petition challenging the EPA’s 2018 registration decision. The ruling comes after a group of environmental organizations filed a petition with the Court challenging the U.S. Environmental Protection Agency’s . Other dicamba-containing products are not concerned by this ruling.
The subsequent action by the EPA provides, among other things, that “growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.”
Click here for the EPA’s full order – see page 11 for key details.
The EPA’s order addresses the use, sale, and distribution of existing stocks of low-volatility dicamba products impacted by the Court’s ruling.