NFFC and al v. EPA and al

19-70115
August 13, 2019
Final judgment
United States, San Francisco

Health/Food groups, Farmers, Environmental NGOs
National Family Farm Coalition (NFFC), Center for Food Safety (CFS), Center for Biological Diversity (CBD), Pesticide Action Network North America (PANNA)
EPA, Monsanto, Andrew Wheeler
George A. Kimbrell, Sylvia Shih-Yau Wu, Amy van Saun, Stephanie M. Parent

Administrative
Herbicide, Dicamba, Xtendimax, Engenia, Fexapan
Review of the U.S. EPA October 31, 2018 Decision to Pursue the Registration of New Uses of the Pesticide Dicamba on Dicamba-Resistant Cotton and Soybeans. Cancellation of the registration of the herbicide Dicamba XtendiMax, and referral for a new procedure consistent with this Court's decision..
Court of Appeals for the 9th Circuit of San Francisco, United States
Appellate (Appeal) Court

June 3, 2020
Positive
Ninth Circuit Vacates EPA Approval of Dicamba Pesticide.
National law

Groups request a review of the October 31, 2018 EPA decision to maintain registrations for new uses of the pesticide dicamba on dicamba-resistant cotton and soybeans because it violates FIFRA and the Endangered Species Act (ESA). They have obtained expedited processing of their petition and the court hearing is being held by telephone on 21/04/2020, due to the closure of the California courts because of the coronavirus. On June 3, 2020, the EPA approval of dicamba is vacated. Court says regulator “understated the risks”. Bayer stated that they strongly disagree with the ruling and are assessing their next steps. On June 8, EPA announces its issuance of a final cancellation order for three pesticide products (Bayer's Xtendimax, BASF's Engenia, Corteva's FeXapan) but gives farmers until July 31 to use existing stocks. On 06/11/2020, groups file an Emergency Legal Motion seeking contempt for EPA Administrator Wheeler for refusing to abide by a federal court order suspending use of the pesticide dicamba. On June 12, Corteva Agriscience file a motion in the 9th U.S. Court of Appeals to halt the court’s decision. The request to hold EPA in contempt of the June 3 order to vacate registrations of dicamba is denied on June 19, 2020. On June 25, the motion by BASF to stay is denied. The vacation of 3 dicamba registrations, including BASF's Engenia, is maintained.