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Court Denies Emergency Motion to Stop Dicamba Use - Cotton Grower

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The story continues.

Media sources, including DTN/Progressive Farmer, report that judges on the Ninth Circuit Court of Appeals denied an emergency motion to immediately end over-the-top applications of dicamba and to hold EPA in contempt of court for allowing use of existing dicamba stocks through July 31.

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The ruling – delivered late Friday, June 19 – is a key victory for EPA in an on-going battle that began with a June 3 Court ruling that vacated the labels for XtendiMax, Engenia and FeXapan dicamba herbicides. The EPA followed with a cancellation order on June 8 that halted sales of the products but allowed growers to use existing stocks in their possession as of June 3 on dicamba-tolerant cotton and soybeans, following the former federal labels and any state regulations that may be in place for dicamba.

Next on the Court docket are the emergency motions filed by BASF and Corteva to intervene in the June 3 ruling, seeking an opportunity to demonstrate the ruling’s significant negative impact on U.S. agriculture and their customers. The Court is allowing both companies to join Bayer in the case and has given the plaintiffs until June 23 to respond before making its ruling.

A pending lawsuit filed by the same plaintiffs in 2017 against Corteva’s Enlist Duo herbicide is also currently under review in the Ninth Circuit court.

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Court Denies Emergency Motion to Stop Dicamba Use - Cotton Grower
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