A federal court in Arizona on Tuesday vacated the 2020 registrations of three dicamba products previously approved by the EPA for over-the-top applications including XtendiMax, Engenia and Tavium in soybeans and cotton.  The ruling in the U.S. District Court for the District of Arizona leaves ag retailers and farmers without the use dicamba in the upcoming growing season. The impact of the judge's ruling on 2024 acreage in Illinois and across the country is unclear currently.

It’s the second time in recent years that dicamba has been subject to an adverse court order. In June 2020, the 9th Circuit Court of Appeals vacated the registrations but declined after that decision to halt the actual use of the product.

 

IFCA with our national associations, CropLife America and the Ag Retailers Association are looking at what the next steps should be. The timing of the decision is very problematic. Farmers have already made their decisions about what varieties of soybean seed they want to plant in 2024, and retailers are already stocking not only the seed but also the herbicides these growers will need for their system. A grower who chooses dicamba-tolerant seed is also choosing to use a dicamba product in their weed control program; otherwise, they would not buy dicamba-tolerant seed. This court decision, issued after those plans have been made and while retailers are procuring the products necessary to fulfill them, comes at the worst possible time of the season.  

IFCA will keep our members informed on any new developments. If you have any questions regarding the court ruling, please reach out to KJ Johnson at the IFCA office.