The Environmental Protection Agency (“EPA”) has announced its decision to approve three dicamba-based herbicides for over the top use of cotton and soybeans for 2021-2025.  This approval applies to Bayer’s XtendiMax, BASF’s Engenia, and Syngenta’s Tavium.  Note that Corteva’s FeXapan was not included in this registration application, meaning that at least at this point, it remains unapproved for use until a registration has been issued. Background In 2015, Bayer released new dicamba-resistant soybean and cotton seeds, called Xtend. In 2016, the Environmental Protection Agency (EPA) granted conditional, two-year… Read More →

On Monday, June 8, 2020, the Environmental Protection Agency (EPA) issued its final cancellation order for three dicamba products:  Xtendimax with Vaporgrip Technology, Engenia, and FeXapan.  [Read EPA Final Cancellation Order here.] The EPA Order stems from the Ninth Circuit Court of Appeals decision last week vacating the federal label for these products, finding that in registering them, EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act.  [Read prior blog post here.]   Summary of the EPA Order The EPA Order provides the following: “Any distribution, sale, or… Read More →

*Updated on 6/8/2020 at 10 am* On Wednesday, June 3, the United States Court of Appeals for the Ninth Circuit issued a ruling vacating the federal registration for three dicamba herbicide products, Xtendimax, FeXapan, and Engenia.  [Read full opinion here.]  This ruling could have major implications for farmers around the country who purchased and planted seed intending to apply these products.   Factual Background In response to glyphosate resistant weeds, Monsanto developed and patented new seed varieties for cotton and soybeans that were designed to tolerate the herbicide… Read More →