BASF, Corteva seeking rehearing of Dicamba decision


The National Association of Farm Broadcasting reports that BASF and Corteva have both filed motions to request a rehearing on a court decision that vacated registrations for dicamba herbicides. U.S. Court of Appeals for the Ninth Circut last month vacated registrations for three dicamba herbicides.

BASF’s petition requests a review of the decision by a panel of 11 judges from the Ninth Circut instead of the three-judge panel that issued the previous decision.

This request for “en banc” review, according to BASF, “is necessary to correct errors by the panel in issuing a decision inconsistent with basic due process and administrative law principles.”

BASF says the panel’s decision undermined the EPA’s authority to make science and data-based regulatory decisions to determine which herbicide products are safe and effective to meet the challenges farmers face.