Tag Archives: Court

LINCOLN, NEB. – “Nebraska Farm Bureau welcomes the Ninth Circuit Court of Appeals decision denying an emergency motion that would have effectively overturned EPA orders and stopped farmers from using existing stocks of XtendiMax, Engenia, and FeXapan dicamba products.

In response to a June 3, Ninth Circuit Court of Appeals ruling vacating the labels for these products, EPA provided regulatory relief to farmers by allowing them to use existing stocks of the products through July 31, 2020 as part of the agency’s cancellation orders.

While we continue to review this ruling and other pending legal action related to these dicamba products, this is positive news, particularly for soybean farmers who fully expected to have the ability to use them for weed control this growing season.”

Washington, D.C. – Representative Sanford Bishop, Chairman of the House Agriculture Appropriations Subcommittee, Representative Jeff Fortenberry, Ranking Member of the House Agriculture Appropriations Subcommittee, and Representative K. Michael Conaway, Ranking Member of the House Agriculture Committee, issued the following statement:

“The hard-working farming community invests in many agricultural products and services that help them produce wholesome foods, feed, and quality fibers for consumers in the United States and across the globe. Like most conventional farmers, soybean and cotton producers purchased such a product legally when they bought the dicamba herbicide for this growing season. The U.S. Court of Appeals for the Ninth Circuit recently vacated the Environmental Protection Agency’s (EPA) federal registration for three dicamba herbicide products on the market registered for over the top applications. The effect of this ruling during growing season may prevent cotton and soybean farmers from using these products in combating weeds that threaten the quantity and quality of the crop.

“We respect the court’s ruling, but we are concerned with the impact on the farmers who have existing stocks of previously purchased dicamba herbicide products. The decision, which was issued during growing season, creates unnecessary challenges and jeopardizes the livelihoods of these agricultural producers who are already faced with an ongoing global pandemic, trade disputes, and years of low prices. We support EPA’s authority to regulate how existing stocks of the vacated products can be sold, distributed, and used. EPA’s recent filing with the court properly defends the agency’s precedent-based position that farmers should be allowed to use what they legally purchased until July 31, 2020 as long as the farmers abide by all the prescribed conditions of use required by the most recent pesticide registration.”

Background:

  • On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit issued an order vacating EPA’s pesticide registrations containing the active ingredient dicamba in three products.
  • On June 8, 2020, EPA issued an order providing farmers with needed clarity following the Ninth Circuit’s June 3, 2020, vacatur of three dicamba registrations.The cancellation order spells out limited and specific circumstances under which existing stocks of affected dicamba products can be used until July 31, 2020.
  • On June 11, 2020, the plaintiffs in the lawsuit asked the Ninth Circuit to order an immediate halt to that use and hold the EPA in contempt, based on their argument that continued use violated the court’s order to vacate the registrations.

On June 16, 2020, the EPA responded to the Ninth Circuit that the June 8, 2020 order was consistent with the Court’s decision and EPA’s authority under FIFRA.