Bayer, BASF, Corteva urge federal court to review dicamba weedkiller ban, calling it ‘unconstitutional’

Spraying young cotton plants in a field

Bayer, BASF and Corteva Agriscience continue the fight to preserve postemergent dicamba use. The companies are contesting the results of a June 3 decision by three judges on the U.S. Circuit Court of Appeals for the Ninth Circuit, which vacated the registrations of their dicamba herbicides, XtendiMax, Engenia and FeXapan.

In the original decision, the three judges assigned to the case concluded that EPA had broken its own governing law when it re-registered the three herbicides in 2018 …. Now Bayer, BASF and Corteva are asking that a broader group of Ninth Circuit judges re-hear the case.

The companies argue that the judges’ decision to vacate the registrations effective immediately was a departure from past precedent among other Circuit Courts, as well as the Supreme Court, and violated principles of administrative and constitutional law.

Related article:  Technology breeds sustainability on Brazilian family farm

BASF and Corteva also reiterated an argument that the judges’ decision did not give them an opportunity to defend their herbicides, since the original lawsuit in 2017 only mentioned Bayer’s XtendiMax. Only when the case was re-filed in 2019 was it expanded to address EPA’s entire 2018 dicamba registration decision, which included Engenia and FeXapan.

BASF and Corteva argue that this new scope was not clear enough in the course of the lawsuit, and the companies weren’t aware their herbicides’ registrations were at stake before the June 3 ruling.

Read the original post

Outbreak Daily Digest
Biotech Facts & Fallacies
Talking Biotech
Genetics Unzipped
Infographic: What are mRNA COVID-19 vaccines and how do they work?

Infographic: What are mRNA COVID-19 vaccines and how do they work?

As of 1 December 2020, thirteen vaccines have reached the final stage of testing: where they are being given to ...

Environmental Working Group: EWG challenges safety of GMOs, food pesticide residues

Known by some as the "Environmental Worrying Group," EWG lobbies ...
m hansen

Michael Hansen: Architect of Consumers Union ongoing anti-GMO campaign

Michael K. Hansen (born 1956) is thought by critics to be ...
News on human & agricultural genetics and biotechnology delivered to your inbox.
glp menu logo outlined

Newsletter Subscription

Optional. Mail on special occasions.
Send this to a friend