Court will not reverse Dicamba decision

Late last week, a panel of judges in the Ninth Circuit Court said no to a BASF motion to stay and recall their June 3rd ruling that vacated three dicamba registrations. The move puts dicamba registrations and product users back where they started the month: with three or four over-the-top dicamba herbicides no longer federally approved for use.

For now, farmers and applicators can still apply any existing stocks that were in their possession on June 3rd, according to the cancellation order issued by the Environmental Protection Agency on June 8th. They have to follow directions on the former labels, as well as any state rules that are already in effect, including state cutoff dates that may have already taken place.

Looking past 2020, a DTN article says the future of three dicamba registrations is in limbo. BASF had asked the judges to recall their mandate based on several reasons. For example, BASF says it wasn’t made aware that its Engenia herbicide was at stake in the case before the June 3rd decision. That meant they didn’t get a proper opportunity to defend the product in court.

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