Latest Update on Dicamba Court Rulings

Here is the latest report from the National Corn Growers Association regarding yesterday’s court action on the dicamba issue:

Most important action:, the court denied the petitioners emergency motion to enforce the court’s vacatur and hold EPA in contempt.  The order was issued without any analysis.  For practical purposes, this means that EPA’s cancellation order allowing for the use of existing stocks through July 31 remains undisturbed.

  The court granted Growers’ and Croplife’s motion for leave to file an amicus brief.

  The court also granted BASF’s and duPont’s motions to intervene.

  The court ordered briefing deadlines on BASF’s motion to recall and stay the mandate.  Those deadlines are next week.

If the petitioners wants to try to halt OTT dicamba use this growing season, their next option would be seeking to challenge EPA’s cancellation order, most likely in the Northern District of California.  It’s reasonable to expect that they would file a challenge as soon as Monday.

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