Illinois Fertilizer & Chemical Association
Supply · Service · Stewardship

Companies Ask Ninth Circuit Court to Re-Hear Dicamba Case

Bayer, BASF and Corteva Agriscience continue the fight to preserve postemergent dicamba use. The companies are contesting the results of a June 3 decision by three judges on the U.S. Circuit Court of Appeals for the Ninth Circuit, which vacated the registrations of their dicamba herbicides, XtendiMax, Engenia and FeXapan.
On Monday evening, the three companies filed separate petitions asking for an "en banc" review of the case, which requests that all the judges of the Ninth Circuit re-hear the original case.
In the original decision, the three judges assigned to the case concluded that EPA had broken its own governing law when it re-registered the three herbicides in 2018. The judges ruled that the agency did not consider multiple risks to the environment and society from in-season dicamba use. See more here: . The original lawsuit was brought in 2017 by a group of environmental and farm groups, namely the National Family Farm Coalition, the Center for Food Safety, the Center for Biological Diversity and the Pesticide Action Network.
Now Bayer, BASF and Corteva are asking that a broader group of Ninth Circuit judges re-hear the case. The companies argue that the judges' decision to vacate the registrations effective immediately was a departure from past precedent among other Circuit Courts, as well as the Supreme Court, and violated principles of administrative and constitutional law.
Click Here to read more.