June 18, 2020
Dicamba ruling, EPA cancellation order to be discussed in June 24 webinar
By Sarah Cato
U of A System Division of Agriculture
- National Agricultural Law Center webinar on cancellation of EPA dicamba registrations
- Webinar is June 24 at noon to 1 p.m. EDT
- Register online at: https://bit.ly/30JNiwr
Download relate PHOTO: https://flic.kr/p/2h4geR3
FAYETTEVILLE, Ark. – A federal appeals court ruling that prompted the Environmental Protection Agency’s cancellation of three dicamba-based herbicides has not only drawn new attention, but also is raising questions about use of existing stock.
The National Agricultural Law Center will host a webinar June 24 to discuss these issues and what could happen next. Those interested in the webinar can register here: https://bit.ly/30JNiwr
The hour-long webinar is scheduled for noon EDT/11 a.m. CDT.
The 9th U.S. Circuit Court of Appeals issued an opinion June 3 concluding that the 2018 registrations of three dicamba herbicides violated the Federal Insecticide, Fungicide, and Rodenticide Act, or FIFRA.
“Although the EPA’s cancellation order answers certain questions about the use of existing stock, it raises issues of its own,” said Brigit Rollins, staff attorney for the National Agricultural Law Center and presenter for the webinar. “For instance, there is some confusion around where the line is drawn between a commercial applicator and a distributor. There are also questions about the period of time between when the 9th Circuit decision was issued and when EPA released the cancellation order."
On the heels of the 9th Circuit decision, the EPA issued a cancellation order on registrations of the herbicides, effective June 3, 2020. This order required the sale and distribution of these herbicides to cease, but allowed use of existing stocks until July 31, 2020.
In a response to this, the plaintiffs have filed a motion seeking to overturn the cancellation order. The EPA responded to this motion defending the decision to allow producers to use existing stock through July.
In the meantime, manufacturers of two herbicides affected by the 9th Circuit’s decision have moved to intervene in the case. Monsanto, the company that manufactures the third pesticide, is already a defendant-intervener.
Moving forward, there are still many factors at play. The EPA’s registration of dicamba expires in December of 2020, and it is unclear what the 9th Circuit’s decision could mean for re-registration. It also is unclear what impact this decision could have on similar litigation, such as NRDC v. Wheeler, the case concerning Enlist Duo, an herbicide combining 2,4-D and glyphosate.
For more background on the dicamba cases, visit https://bit.ly/2YH6zvE
About the National Agricultural Law Center
The National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The Center works with producers, state and federal policymakers, Congressional staffers, attorneys, land grant universities, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The Center is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal access/affirmative action institution. If you require a reasonable accommodation to participate or need materials in another format, please contact 479-575-4607 as soon as possible. Dial 711 for Arkansas Relay.
Media Contact: Sarah Cato
National Agricultural Law Center
University of Arkansas System Divison of Agriculture