More agriculture organizations react to court’s dicamba decision


A court ruling vacating the registrations of three dicamba herbicides, Bayer’s Xtendimax, BASF’s Engenia and Corteva’s FeXapan, comes at a hard time for producers and drew reaction from around the agriculture industry.


“On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit issued a ruling that vacates current U.S. registrations of certain low-volatility dicamba products, including XtendiMax. The ruling comes after a group of environmental organizations filed a petition with the Court challenging the U.S. Environmental Protection Agency’s 2018 registration decision.

We strongly disagree with the ruling and are assessing our next steps. We will also await direction from the EPA on actions it may take in response to the ruling.

We will follow up in the coming days with more details about the ruling and our next steps. We also created this new webpage that we will keep updated with the latest information.

Depending upon actions by the EPA and whether the ruling is successfully challenged, we will work quickly to minimize any impact on our customers this season. Our top priority is making sure our customers have the support they need to have a successful season.

The ruling pertains specifically to the EPA’s 2018 registration decision, which expires in December 2020. We are currently working to obtain a new EPA registration for XtendiMax for the 2021 season and beyond - we hope to obtain the new registration by this fall.

Know that Bayer stands fully behind XtendiMax. We are proud of our role in bringing innovations like XtendiMax forward to help growers safely, successfully, and sustainably protect their crops from weeds. We will continue working with the EPA, growers, academics, and others to maintain long-term access to this important tool.”

National Corn Growers Association

The National Corn Growers Association (NCGA) is disappointed by the 9th Circuit’s decision to vacate the Environmental Protection Agency’s federal registrations for three dicamba products, Xtendimax, FeXapan, and Engenia. Farmers rely on EPA’s science-based process for developing appropriate and safe guidelines for the use of crop protection products.

NCGA urges the EPA to immediately appeal this ruling and obtain a stay of this overreaching court order. This decision to remove a weed control option, especially in the middle of the season, adds yet another challenge to an already difficult time and sets a concerning precedent.

Farmers have invested in previously allowed dicamba products, EPA should offer clarifying guidance and allow the use of existing stocks. NCGA is working closely with its partners and the EPA to understand the full ramifications of this decision and what options lie ahead for the future of the product.”

BASF SE (statment provided to BrownfieldAgNews)

“Time is of the essence. Farmers have less than a month to protect millions of acres under threat from resistant weeds that could lead to significant revenue loss in an already challenging season.

“We are currently reviewing the Order and are waiting on further direction from the U.S. EPA on actions they will take as a result of this Order. We will use all legal remedies available to challenge this Order and we remain committed to serving our customers with safe and effective crop protection solutions, including Engenia herbicide.”

U.S. EPA Administrator Andrew Wheeler

“We are disappointed with the decision. The 2020 growing season is well underway and this creates undue burden for our first conservationists – farmers. EPA has been overwhelmed with letters and calls from farmers nationwide since the Court issued its opinion, and these testimonies cite the devastation of this decision on their crops and the threat to America’s food supply. The Court itself noted in this order that it will place a great hardship on America’s farmers. This ruling implicates millions of acres of crops, millions of dollars already spent by farmers, and the food and fiber Americans across the country rely on to feed their families.”

EPA is assessing all avenues to mitigate the impact of the Court’s decision on farmers.”

USDA Secretary Sonny Perdue

“Producers need all the tools in their toolbox to produce the world’s food, fuel, and fiber, and USDA re-affirms its support for EPA’s science-based process for assessing and managing ecological risks, balanced against the agricultural and societal benefits of crop protection tools,” he said. “USDA stands ready to assist its federal partners in meeting that goal. Farmers across America have spent hard earned money on previously allowed crop protection tools. 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.”

Croplife America

“We are disappointed with the ruling by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit that vacates current U.S. registrations of certain low-volatility dicamba products. We continue to support the science-based decisions made by career scientists at the U.S.

Environmental Protection Agency (EPA) who have worked over decades under multiple administrations to ensure that pesticides are safe for the public and environment when used according to the label.

This decision comes in the middle of planting season in the U.S. and could have devastating consequences for farmers, who have already made plans to protect their crops. We hope that EPA’s next steps will reflect the needs of American farmers for regulatory certainty and science-based decision-making.”

Agricultural Retailers Association President and CEO Daren Coppock

“The immediate nature of the decision and mandate has already created chaos in our industry.....Growers are now without options at the worst possible time in their production year.......This decision by the Ninth Circuit is an overreach and must be corrected immediately......This will have a major impact on this year’s crops if not handled very soon. The farm economy has already experienced major struggles this year and this is one that can easily be avoided.”