NFFC et al v. EPA et al

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

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
Ninth Circuit Vacates EPA Approval of Dicamba Pesticides.
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, EPA approval of dicamba is vacated. Court says regulator “understated the risks”. On June 8, EPA announces its issuance of a final cancellation order for three products (Bayer's Xtendimax, BASF's Engenia, Corteva's FeXapan) but gives farmers until July 31 to use existing stocks. On June 11, 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 files a motion in the 9th U.S. Court of Appeals to halt the court’s decision. On June 16, BASF asks the Ninth Circuit to stay and recall the mandate. On June 19, the request to hold EPA in contempt of the June 3 order to vacate registrations of dicamba is denied. On June 25, the motion by BASF to stay is denied. The vacation of 3 dicamba registrations, including BASF's Engenia, is maintained. On July 20, Bayer, BASF and Corteva file separate petitions asking for an "en banc" review of the case, which requests that all the judges of the Ninth Circuit re-hear the original case. These petitions are denied on Aug. 17, 2020. However, on Oct. 27, EPA allows use of dicamba through 2025, with new restrictions on when the herbicide can be sprayed that Wheeler said will solve the issues brought up by the Ninth Circuit. On Dec. 21, 2020, groups file a new petition of review at the 9th Circuit.