On the heels of the decision to remove registrations for Engenia, FeXapan and XtendiMax herbicides, states—and ultimately, farmers are waiting for EPA to provide guidance. The decision was issued by the United States Court of Appeals for the Ninth Circuit late Wednesday night.
 
“USDA stands ready to assist its federal partners in meeting that goal,” says USDA Secretary Sonny Perdue. “I encourage the EPA to use any available flexibilities to allow the continued use of already purchased dicamba products, which are a critical tool for American farmers to combat weeds resistant to many other herbicides, in fields that are already planted. Unfortunately, the Ninth Circuit has chosen to eliminate one of those tools.”
 
According to the decision, it is illegal to sell or apply dicamba as of June 3, 2020.
 
Farmers, retailers and other stakeholders are waiting to hear how this decision will be enforced, if it will be challenged and what they should expect the next two weeks. According to the federal label, dicamba can be sprayed as late as June 20, a window that is slamming shut quickly if no stay is granted.
 
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