Recent Ruling on Dicamba Products by the U.S. Court of Appeals for the 9th Circuit

Published: June 5, 2020

THIS ARTICLE HAS BEEN REMOVED

Last Friday I posted an article in our croppest newsletter that indicated farmers and applicators in Missouri could no longer legally apply Xtendimax, Engenia, or FeXapan as a result of the ruling by the U.S. Court of Appeals for the 9th Circuit. This status update was based on the information available to me at the time. Approximately 2 hours after our article was posted, the Missouri Department of Agriculture (MDA) published a news release that indicated "the dicamba herbicide brands XtendiMax, Engenia and FeXapan are still registered for sale and use within the state of Missouri and will be treated as such until further guidance is provided by the U.S. Environmental Protection Agency. This interpretation may be updated at any time due to further enforcement guidance from EPA." The full news release from the MDA pertaining to this issue can be found here. I was unaware of the position of MDA at the time our article was published and I apologize for any confusion this caused. Unfortunately, there has been great confusion surrounding this court ruling and some states seem to be following the ruling of the court and prohibiting the sale or use of these products while others have issued statements saying they would not enforce the ruling. As MDA is the state agency responsible for the registration of all pesticides in the state, I encourage all who intend to apply either of these approved dicamba products to check their website for updates prior to making the application.