FEBRUARY 16, 2024:
U.S. agriculture groups expressed appreciation for the Environmental Protection Agency’s Existing Stocks Order on over-the-top dicamba use in 2024.
“We’re grateful to EPA for hearing farmers’ and ranchers’ concerns and addressing them quickly to make sure they have the crop protection tools they need,” says Farm Bureau President Zippy Duvall. “Without EPA stepping in, farmers and ranchers were facing significant uncertainty and financial risk.”
American Soybean Association President Josh Gackle says tens of millions of farmland acres were in limbo. “This ruling potentially affects more than 50 million acres of dicamba-tolerant soybeans and cotton, an area larger than Nebraska.”
Ted McKinney, CEO of the National Association of State Departments of Agriculture, was also pleased with the decision. “As co-regulatory partners with EPA, we commend the agency for issuing the existing stocks order on dicamba,” he says. “The stocks order will prevent severe detrimental impacts to our food, fuel, and fiber availability.”
FEBRUARY 15, 2024:
The United States Environmental Protection Agency has issued an order (Feb. 14, 2024) allowing existing stocks of over-the-top dicamba products to be used this spring (2024) on soybeans and cotton.
Existing stocks refers to those supplies of previously registered pesticide products that are currently in the United States and were packaged, labeled and released for shipment prior to Feb. 6, 2024. Distributors, retailers and others who were in possession of these products on Feb. 6 may sell and distribute them until the end-use date in their state.
South Dakota Department of Agriculture and Natural Resources Secretary Hunter Roberts says he agrees with the EPA’s issuance of an existing stock order for dicamba and is glad this important tool will be available for our producers during the 2024 growing season. He says DANR will continue to update producers on this issue moving forward.
American Soybean Association President and North Dakota farmer Josh Gackle appreciates EPA’s swift action to issue the existing stocks order allowing farmers to use dicamba products. He says this ruling potentially affects more than 50-million acres of dicamba-tolerant soybeans and cotton—an area larger than the state of Nebraska.
North Dakota Agriculture Commissioner Doug Goehring said the ruling provides certainty to the producers who had already made planting decisions for 2024.
A Feb. 6, 2024, ruling by the U.S. District Court of Arizona in Tucson had vacated the 2020 registrations for Bayer Xtendimax, B-A-S-F Engenia and Syngenta Tavium used in over-the-top applications on dicamba-tolerant soybeans and cotton. The court ruled EPA made a procedural error in issuing the 2020 dicamba registrations because EPA did not offer a public notice and comment period before issuing them. The court ruled the agency was in violation of the Federal Insecticide, Fungicide and Rodenticide Act and vacated 2020 registrations for XtendiMax, Enginia and Tavium.
FEBRUARY 13, 2024:
A Feb. 6, 2024, ruling by a federal District Court has vacated the registration for over-the-top applications of dicamba on dicamba-tolerant soybeans and cotton. The ruling says the U.S. Environmental Protection Agency unlawfully approved the use of Bayer Xtendimax, B-A-S-F Engenia and Syngenta Tavium by failing to follow notice and comment mandates for the products.
South Dakota Secretary of the Department of Agriculture and Natural Resources Hunter Roberts says there aren’t comparable alternatives to the dicamba products.
Roberts says regulators don’t yet know if farmers or commercial applicators will be able to use the stocks they already have on hand this spring.
Roberts says when EPA may issue their decision on whether or not the already-on-hand stocks of dicamba products will be able to be used this spring is currently a question without an answer.
North Dakota Agriculture Commissioner Doug Goehring calls the federal court decision “a crushing blow to farmers across the country.” He says many producers have made planting decisions for 2024 and this ruling will be “very disruptive.”
Groups such as the Ag Retailers Association, American Farm Bureau Federation and the American Soybean Association disagree with the decision, noting the determination should be made by a science-based regulatory agency.
As they wait for the EPA’s decision on current supplies of dicamba products, Bayer, BASF and Syngenta are all exploring possible next steps.
Hear Roberts talk about dicamba issue in this DRG Beyond the Mic Agriculture In-depth podcast.
FEBRUARY 9, 2024:
Earlier this week (Feb. 6, 2024), a federal District Court in Arizona vacated the registration for over-the-top applications of dicamba on dicamba-tolerant soybeans and cotton. While the court decision came from Arizona, the decision is national in scope. The Ag Retailers Association disagrees with the decision, noting the determination should be made by a science-based regulatory agency.
The association says, “The timing of the decision will be extremely disruptive to ag retailers, distributors, manufacturers, and farmers planning to use the products in 2024.”
The ARA points out that farmers have already made their decisions about what varieties of cotton and soybean seeds they want to plant this year, and retailers are already stocking not only the seeds but also the herbicides the growers need for their systems. “The decision comes after most planning is finished and while we are procuring those products that farmers need,” the ARA adds. “It’s the worst possible time.”
FEBRUARY 8, 2024:
BISMARCK – A ruling by the U.S. District Court of Arizona in Tucson on Tuesday (Feb. 6, 2024) has vacated the 2020 registrations for three Dicamba products used in over-the-top applications on Dicamba-tolerant soybeans. The ruling states that the U.S. Environmental Protection Agency (EPA) unlawfully approved the use of Bayer Xtendimax, BASF Engenia and Syngenta Tavium by failing to follow notice and comment mandates for the products.
“The court decision to vacate the registrations of Xtendimax, Engenia and Tavium has struck a crushing blow to farmers across the country,” North Dakota Agriculture Commissioner Doug Goehring said. “Many producers have likely made planting decisions for 2024 and this will be very disruptive.”
Bayer has disagreed with the ruling, is assessing next steps and will await direction from the EPA. BASF and Syngenta are also exploring next steps.
Applicators should monitor developments very closely as the registration status of these products is subject to change.
APRIL 21, 2023:
Public-interest groups representing farmers and conservationists filed arguments in court seeking to have the Environmental Protection Agency’s approval of dicamba struck down. The arguments are a continuation of an earlier lawsuit that resulted in a 2020 court ruling overturning prior approvals of dicamba as unlawful. The groups say the new litigation was prompted by the EPA’s decision to ignore the court’s ruling and move forward with reapproving the pesticide.
“We now have years of incontrovertible evidence revealing that these dicamba products cannot be used without causing grave harm to other farmers and the environment,” says George Kimbrell, legal director of the Center for Food Safety and counsel in the case.
The petitioners say dicamba drift and runoff damage natural areas and wildlife refuges, injuring wild flowering plants, including some federally-protected species on which bees and other insects rely. Plaintiff groups include the National Family Farm Coalition, Pesticide Action Network, and others.
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