A decision by a federal appeals court clears the way for litigation over dicamba to continue in two separate federal courts, but one is likely to come out with a decision before the other.
 
A lawsuit in Arizona seeking to have the herbicide’s federal registrations vacated is almost fully briefed, and a decision could come as soon as this year. The other suit, brought by soybean and cotton growers in Washington, D.C., challenges EPA restrictions such as cutoff dates and buffer zones.
 
The D.C. Circuit Court of Appeals ruled on Friday that the D.C. district court is the proper venue for the lawsuit filed by the American Soybean Association and Plains Cotton Growers lawsuit. One of the judges said in a concurring opinion that court decisions involving federal pesticide law have “generated substantial and wasteful confusion as to where litigants must file.”