On Monday, the U.S. EPA issued a key order providing farmers with needed clarity following the Ninth Circuit Court of Appeals’ June 3, 2020 vacatur of three dicamba registrations. The cancellation order outlines limited and specific circumstances under which existing stocks of the three affected dicamba products can be used for a limited period of time. EPA’s order will advance protection of public health and the environment by ensuring use of existing stocks follows important application procedures.
“Learning of the Ninth Circuit’s ruling was particularly disappointing in the midst of the growing season, but the Ohio Soybean Association (OSA) members who reached out to their representatives in Congress were critical in getting this clarification from the EPA,” said Ryan Rhoades, OSA president and Marion County soybean farmer. “We thank the EPA for providing clarity on this matter and the Ohio Department of Agriculture for working to address the issue in Ohio. We also appreciate the work of our partners at the Ohio AgriBusiness Association and the Ohio Farm Bureau.”
EPA’s order will mitigate some of the devastating economic consequences of the Court’s decision for growers, and particularly rural communities, at a time they are experiencing great stress due to the COVID-19 public health emergency.
Details of the Order
EPA’s order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan. Syngenta’s Tavium product was not affected by the court order and is not included in the EPA’s decision.
- Distribution or sale by any person is generally prohibited except for ensuring proper disposal or return to the registrant.
- Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously approved label and may not continue after July 31, 2020.
The court order and the decision from the EPA only pertain to the EPA’s 2018 registration of the products in question, which expires in December 2020. EPA has addressed the current growing season, but is currently reviewing new registrations for 2021 and beyond. Dicamba-tolerant soybean varieties are important tools for soybean farmers and their use needs to be protected to ensure the future success of the U.S. soybean industry. OSA is committed to working with our partners to advocate for this outcome.