Illinois Fertilizer & Chemical Association
Supply · Service · Stewardship

Dicamba’s Future Under New Pressure

Over-the-top dicamba products, Engenia, FeXapan and XtendMax spent time under the court’s microscope, resulting in EPA issuing a final cancellation order for these products. The same plaintiffs sought vacatur for Enlist Duo herbicide this year.
Since 2017, the National Family Farm Coalition and the Natural Resources Defense Council have argued in court that allowing over-the-top dicamba application on soybeans and cotton violates the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and should be vacated.
On June 3, 2020, three California judges with the U.S. Court of Appeals for the Ninth Circuit agreed on the grounds of FIFRA violations and immediately vacated the three products available since 2017. Tavium was not included in this ruling, as it wasn’t available until 2020.
Dicamba’s registration was set to expire Dec. 20, 2020, because it was a two-year conditional registration. However, the cancellation has some concerned about the products’ chances to receive a new registration for 2021 and beyond.
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