Corteva, BASF File Motions to Intervene in Dicamba Case

By CropLife|17 June 2020

Corteva Inc. and BASF filed motions on Friday to intervene in the U.S. Court of Appeals for the Ninth Circuit decision to vacate the U.S. EPA’s registration of three dicamba herbicides on June 3, reports Jackie Pucci at CropLife.

EPA subsequently issued a final cancellation order for XtendiMax (Bayer), Engenia (BASF), and FeXapan (Corteva), prohibiting the sale of the products, while permitting use of existing stocks under certain circumstances through July 31. Syngenta’s Tavium dicamba product remains unaffected.

BASF said it made the request to intervene “after careful consideration of the sudden and severe financial impact vacating the registration has had on farmers during this critical application time, when farmers now have less than a month to protect millions of acres under threat from resistant weeds.”

BASF said the Ninth Circuit’s decision has caused “immediate chaos among the agricultural community and threatens the livelihood of countless U.S. farmers. Seeking to make matters worse, the challengers have now asked the Ninth Circuit to undo the EPA’s order which implemented the panel’s decision and addressed the uncertainty it caused. BASF must act to protect its interests and those of its customers.”

“Taking this action during the height of the application season gives no regard to the significant investments farmers have made in their businesses and leaves them without viable options for the growing season,” said Paul Rea, Senior Vice President, BASF Agricultural Solutions North America. “Farming is difficult even in the best of times and remains challenging. Making this decision now, when weed resistance continues to threaten farming operations, is disastrous for our customers. Farmers have counted on applications of dicamba-based products to control troublesome weeds for decades, and they continue to need these tools now and in the future.”