Court vacates three dicamba registrations


Court vacates three dicamba registrations

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.

In a statement provided to Brownfield, Bayer said “We strongly disagree with the ruling and are assessing our options. If the ruling stands, we will work quickly to minimize any impact on our customers this season. Our top priority is making sure our customers have the support they need to have a successful season.”

Bayer’s statement continued, “The EPA conducted an extensive review and considered all relevant science prior to issuing the current registration for XtendiMax. In October 2018, the EPA extended the registration of XtendiMax and stated that ‘This action was informed by input from and extensive collaboration between EPA, state regulators, growers, academic researchers, pesticide manufacturers, and other stakeholders. EPA understands that dicamba is a valuable pest control tool for America’s growers.’ The EPA’s informed science-based decision reaffirms that this tool is vital for growers and does not pose any unreasonable risks of off-target movement when used according to label directions.”

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