BASF and Corteva have filed motions to request a rehearing regarding a court decision on dicamba. Last month, the U.S. Court of Appeals for the Ninth Circuit, which covers states including California vacated the registrations for three dicamba herbicides, including BASF’s Enginia, Corteva’s FeXapan and Bayer’s Xtend. In California, it was used on corn, wheat and dicamba-tolerant cotton.
In the petition filed by BASF, the company is requesting a review of the decision by a panel of 11 judges from the Ninth Circuit rather than that of the three-judge panel that issued the previous decision. According to BASF, this request, “is necessary to correct errors by the panel in issuing a decision inconsistent with basic due process and administrative law principles.”
BASF says the three-judge panel decision undermined the EPA’s authority to make science- and data-based regulatory decisions to determine which herbicide products are safe and effective to meet the challenges farmers face. Further, the company says the decision “was unprecedented and devastating to tens of thousands of farmers” who rely on dicamba.
NAFB contributed to this report.