June 20 Update — The Ninth Circuit Court of Appeals on Friday night denied an emergency motion that had been filed to end dicamba product use immediately. This means that EPA’s guidance (and MDARD’s matching guidance) on existing stocks remains in place; growers and commercial applicators can use stocks in their possession as of June 3. June 12 Update – MDARD issued a media release regarding dicamba product registrations affected by the recent Ninth Circuit ruling. This MDARD announcement aligns Michigan policy with EPA’s Monday evening guidance. Please review the MDARD information and contact MABA if you have questions. Separately, the plaintiffs in the Ninth Circuit case filed an emergency motion Thursday night asking the court to halt all dicamba use. As of 3:15 June 12 there has not been a ruling on this motion. June 8 Update The U.S. EPA this evening issued a cancellation order intended to provide additional clarity on product registrations for XtendiMax, Engenia, and FeXapan, following last week’s ruling by the U.S. Ninth Circuit Court of Appeals. The announcement states: 1. Distribution or sale [of the affected products] by any person is generally prohibited except for ensuring proper disposal or return to the registrant. 2. Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020. EPA’s media release is here and the full order is here. Additional Resources Bayer has set up a web page available here to provide updates on this situation. BASF also issued a statement on this issue. Syngenta has provided this letter. # # #
