ALERT: Ninth Court Decision on Use of Dicamba Products in Cotton and Soybeans

Yesterday, the Ninth Circuit ordered EPA to vacate registrations for 3 dicamba herbicides for use on dicamba tolerant soybeans and cotton. The court stated that EPA substantially understated risks that it acknowledged and failed to acknowledge other risks. Further, the court asserts EPA understated the number of acres on which dicamba was used and the amount of damage it caused in 2018.  As of today, these products are not registered for use.  The EPA has 14 days to request a rehearing or appeal to the Supreme Court. The registrants (Bayer, BASF and Corteva) are contemplating next steps.

The significance of this is devastating for Georgia cotton growers and some soybean growers.  In addition, the decision (in my opinion) goes beyond just dicamba and threatens the established regulatory process for all crop protection tools. I am sure more is to come as EPA and others seek clarity on this issue.


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