Top-selling forms of dicamba can no longer be sprayed over the tops of crops across the U.S., according to a federal court ruling issued in Arizona.
The court determined the U.S. Environmental Protection Agency unlawfully approved dicamba for use over the top of emerged dicamba-resistant soybeans and cotton crops.
The ruling strips federal approvals of the product sold by three leading manufacturers — Bayer, BASF, and Syngenta.
DTN reporters reached out to the registrants Bayer, BASF and Syngenta for comment on the ruling.
Bayer, the registrant for XtendiMax, offered the following statement: “The U.S. District Court in Arizona vacated the EPA’s registrations for over-the-top dicamba products based on procedural grounds, finding that the EPA ‘did not follow the FIFRA notice and comment provisions’ when it issued the registrations. We respectfully disagree with the ruling against the EPA’s registration decision and we are assessing our next steps. We also await direction from the EPA on important actions it may take in response to the ruling. Our top priority is making sure growers have the approved products and support they need to safely and successfully grow their crops. We will keep our customers updated as we learn more from the EPA in advance of the 2024 growing season.”
BASF, the registrant for Engenia, said in a statement on Tuesday evening that it was assessing the court’s ruling to determine the next steps.
“Most soybean and cotton farmers have made seed and chemistry purchase decisions and in some cases, are preparing to plant their 2024 crop in the coming weeks. As a result, this order may threaten the livelihoods of soybean and cotton farmers who rely on over-the-top dicamba to control resistant weeds,” BASF said.
“Agricultural input supply chains, which are still recovering from 2020 disruptions, are complex and will be significantly affected by the unanticipated chemistry demands on more than 40 million dicamba-tolerant soybean and cotton acres directly impacted by this order.”
Syngenta said it was exploring the next steps and waiting for guidance from the EPA. Syngenta is the registrant for Tavium.
“We are disappointed in the court’s decision to vacate the 2020 over the top dicamba registrations,” the company said in a statement to DTN.
“We are reviewing our legal options and await the EPA’s guidance in connection with the court’s decision. The use of dicamba is integral to controlling broadleaf weeds and invasive plants. It is imperative that farmers have access to newer dicamba technologies as they work to protect their livelihoods, supply food, and meet ever-increasing weed control challenges in an environmentally safe and sound way.”
