Law and Disorder: The State of Crop Protection in the Courtroom
In early February, dicamba once again found itself on the wrong side of the law. A federal court in Arizona vacated EPA’s 2020 registrations for dicamba products to be used in over-the-top applications. This effectively meant that the agricultural community would be unable to apply XtendiMax (Bayer), Engenia (BASF), and Tavium (Syngenta) for the upcoming 2024 growing season.
In reviewing the case, the court found that EPA to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it re-authorized dicamba back in 2020. “Being aware of the practical effects’ of vacatur and difficulties these growers may have in finding effective and legal herbicides to protect dicamba-tolerant crops due to vacatur, the court nevertheless found the seriousness of the agency error, including in part its failure to assess risks and costs for non-users of over-the-top dicamba compelled vacatur,” said the court in its ruling.
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In reviewing the case, the court found that EPA to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it re-authorized dicamba back in 2020. “Being aware of the practical effects’ of vacatur and difficulties these growers may have in finding effective and legal herbicides to protect dicamba-tolerant crops due to vacatur, the court nevertheless found the seriousness of the agency error, including in part its failure to assess risks and costs for non-users of over-the-top dicamba compelled vacatur,” said the court in its ruling.
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