Central ND News

The U.S. District Court of Arizona in Tucson has recently issued a ruling that vacates the 2020 registrations of three Dicamba herbicides. The affected herbicides are Bayer Xtendimax, BASF Engenia, and Syngenta Tavium, which were commonly used for over-the-top (OTT) applications for soybeans.

Reacting to this ruling, U.S. Senator Kevin Cramer expressed concern about the uncertainty it creates for soybean producers in the upcoming 2024 season. He stated, "Similar to what we witnessed in 2020, the Court's last-minute ruling places unnecessary uncertainty on our soybean producers ahead of the 2024 season." Cramer assured that he, along with the delegation, North Dakota Ag Commissioner Doug Goehring, and the state's growers and applicators, is closely monitoring the situation.

Dicamba is a herbicide used to control broadleaf weeds in various food and feed crops. While these products were previously approved by the Environmental Protection Agency (EPA), the recent court ruling deemed the 2020 registrations unlawful. The court found that the EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) notice and "comment mandates for issuing 'new use' pesticides for OTT dicamba for drought-tolerant crops (cotton and soybean)."

This is not the first time dicamba herbicides have faced legal challenges. In 2020, the U.S. Court of Appeals for the Ninth Circuit vacated the registrations of three dicamba herbicides. In response to that decision, the delegation, led by Senator Cramer, collaborated with North Dakota Agriculture Commissioner Doug Goehring and the administration to find a solution for producers. Statements were released by the delegation in 2020 after the EPA provided clarity following the Ninth Circuit Court's ruling and initially approved the registration of these dicamba products through 2025.

The recent ruling by the U.S. District Court of Arizona adds to the ongoing uncertainty surrounding the use of dicamba herbicides for soybean producers. It remains to be seen how this development will impact the industry and what measures will be taken to address the concerns raised by the court.