Dicamba Registration Pulled by Ninth Circuit Court

Lindsay Mitchell and Dan Obert

Jun 04, 2020  |  Today's News |  Biotechnology |  Legislation & Regulation

June 10 Update:

Many questions still float around about the decision from the United States Court of Appeals for the Ninth Circuit in regards to usage of Dicamba. The Illinois Department of Agriculture compiled a FAQ resource to help guide farmers with questions they may have. 

June 5 Update: 

Late in the day yesterday, the Illinois Department of Agriculture (IDA) finished reviewing and interpreting the ruling of the Ninth Circuit Court. Following, their conclusion the Illinois Fertilizer & Chemical Association (IFCA) released the following statement.

"Effective immediately, stop the use, sale and distribution of three Dicamba products in Illinois. IDA legal counsel has looked at the US 9th Circuit Court ruling on dicamba, and believes it clearly calls for the stop of use, sale and distribution of all uses of the three products: Xtendimax, Engenia and FeXapan effective immediately.   The Tavium registration is not affected by this ruling.  We are expecting a statement from IDA very soon but this is the situation in Illinois, and we ask for our members to abide by this determination and help communicate this serious message.  More information with be forthcoming and we will communicate as soon as we have more details from IDA or USEPA on the management of product already in the supply chain."

We expect to hear more in the coming days from EPA and the industry but at this time growers are advised to work with their suppliers/retailers to come up with an alternative plan. This will continue to be an evolving situation and we will do our best to keep you informed.


Original Article:

Yesterday, the Ninth Circuit ordered the Environmental Protection Agency (EPA) to vacate registrations for 3 dicamba herbicides for use ontolerant soybeans and cotton.  This could leave Illinois farmers who have already planted dicamba tolerant soybeans and planned to use the popular herbicide, scrambling for another plan.


Although most Illinois corn farmers also plant soybeans, the decision has another big implication for corn: this decision could set a precedent and threatens the established regulatory process for all protection tools.


The American Soybean Association promptly released a statement: The American Soybean Association (ASA) is disappointed by the 9th Circuit’s decision to overturn the Environmental Protection Agency’s dicamba registration approval. Farmers rely on EPA and the regulatory process to effect science-based determinations that allow them to use safe, efficient tools to responsibly manage their farms. ASA is reviewing the court’s decision to fully determine its repercussions on the soy industry, but regrets that the future of dicamba – a very effective weed management product when used responsibly – is on the line.


What happens next?  The EPA can request a rehearing or appeal to the Supreme Court. The registrants (Bayer, BASF, and Corteva) are contemplating next steps, but have discontinued Dicamba use as of today, June 4. All parties wait for further guidance from EPA which is expected late on June 4 or on June 5.


The cutoff date to use Dicamba in Illinois is June 20, so many Illinois farmers impacted by later spring planting dates might not have been able to utilize the herbicide before June 20.