North Dakota delegation statement on the EPA's key order after recent court vacatur of dicamba registrations


U.S. Senators John Hoeven and Kevin Cramer and Representative Kelly Armstrong issued the following statement today on the U.S. Environmental Protection Agency (EPA) releasing a key order to provide farmers with clarity after the Ninth Circuit Court of Appeals’ June 3, 2020, vacatur of three dicamba registrations:

“We appreciate Administrator Wheeler recognizing the challenge the Court’s ruling poses to our farmers’ livelihood. The EPA is working within the confines of the law to alleviate the problem caused by the Ninth Circuit, and the Agency’s action on existing dicamba orders is a commonsense first step. We encourage producers and distributors to work with Commissioner Goehring to properly utilize the flexibility the EPA’s order provides.”

According to the EPA, the order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax, Engenia, and FeXapan:

  • The order allows the sale of dicamba by applicators who had the product as of the June 3 court decision, but not by retailers.
  • Distribution or sale by the registrant  of all existing stocks is generally prohibited except for ensuring proper disposal.
  • Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.

According to Commissioner Goehring, the state 24c Special Local Needs label still applies and directs that no applications may be made after June 30 or after the first bloom (R1 growth phase), whichever comes first.

The North Dakota congressional delegation expressed concern over the Ninth Circuit’s decision when it was released and has been working with Commissioner Goehring and national and local partners to develop solutions.