The U.S. Ninth Circuit Court of Appeals this week declined a rehearing request on its June dicamba decision. The decision leaves Bayer, Corteva and BASF with one final legal option to overturn the ruling vacating registration of dicamba herbicides: appealing to the Supreme Court.
On June 3, the court vacated the registration for Bayer’s XtendiMax, Corteva’s FeXapan and BASF’s Engenia, all dicamba-based herbicides. Last month, all three companies petitioned for a group of judges to rehear the case, known as a “rehearing in banc.”
A statement from BASF to DTN says, “We are assessing additional legal options, including a challenge to the U.S. Supreme Court.” However, the ruling doesn’t apply to future registrations of dicamba herbicides, and the Environmental Protection Agency is reviewing whether or not to allow for its use in 2021.
Earlier this month, a report from environmental groups stated, “EPA should not renew dicamba product registrations,” until further research shows dicamba formulations will not harm off-target plants.