The Ninth Circuit Court of Appeals recently vacated the registrations of three Dicamba-based herbicides, one each from BASF, Corteva, and Bayer. Allison Crittenden, director of Congressional Relations with the American Farm Bureau, says these kinds of court decisions often hit farmers at the worst possible times.

“We’re confident in saying farmers have the utmost respect for their neighbors and would not intentionally damage another’s crop. Overall, it’s worth noting that precision farming has dramatically advanced the way pesticides are applied, and we’re on a path of continuous improvement. When these sudden decisions are made in court, they can cause serious disruptions for farmers who have already made business decisions for this season, affecting their ability to use already-purchased products and their overall plans for planting.”

The court says the EPA substantially understated or failed to consider the “social and economic cost of approving the registration.” Bayer said they strongly disagree with the decision and are assessing their options.

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