On Monday, the Ninth Circuit Court denied a request for the case on three dicamba herbicides to be reheard.
In early June, a three judge panel ruled that three dicamba registrants could no longer be sold in the U.S.
All three companies involved, Bayer, BASF and Corteva, wanted the case to be heard by a group of nine judges, rather than three. The American Soybean Association had also pushed for the case to go back to court, saying without the herbicides it is “nearly impossible to grow a successful soybean crop.”
“The full court has been advised of the petitions for rehearing en banc, and no judge of the court has requested a vote on whether to rehear the matter en banc,” the judges’ order said. “The petitions for rehearing en banc are denied.”
The only option left is to appeal to the U.S. Supreme Court.
The EPA is currently evaluating new registrants.