In a move late on Wednesday, the U.S. Ninth Circuit Court of Appeals vacated registrations of low-volatility dicamba products.
The panel of three judges decided that the EPA “failed entirely” to acknowledge the risks that the herbicide poses. They also found that when EPA extended dicamba’s registration, EPA violated federal regulations.
Dicamba is the main ingredient in Bayer’s XtendiMax, and the herbicide has been known to drift into neighboring fields.
According to a report from Bloomberg, it’s been blamed for damaging 3.6 million acres of untreated soybeans in 2017 and more than a million acres in 2018.
Bayer released a statement saying, “We strongly disagree with the ruling and are assessing our next steps. We will also await direction from the EPA on actions it may take in response to the ruling.”
At this time, there is no word on what this ruling will mean for farmers who planted Xtend soybeans. We will bring you more information on this story as it develops.