The Environmental Protection Agency (EPA) announced Tuesday afternoon that the embattled weed control product known as dicamba would be reregistered for use in 2021. The surprising part was that EPA Administrator Andrew Wheeler cleared the use of the product for the next five years. This changes the precedent set in previous registrations of two years at a time. Administrator Wheeler said this can give farmers the certainty they need to have the weed control tool in their toolbox.
The product became embroiled in June when the U.S. 9th Circuit Court of Appeals struck down the EPA?s 2018 registration of Dicamba. The court specifically set their sites on specifically on Bayer?s Xtendimax, BASF?s Engenia, and Corteva?s FeXapan. However, Syngenta?s Tavium product was left alone as it came out after the lawsuit had been filed.
The timing of the ruling was a big thorn in the side of farmers as the court issued the decision right at the time that farmers needed to be applying the chemical safely and effectively. The EPA then issued a decision that Farmers who had taken delivery by June 3rd were able to use the product. This meant just about all farmers could use it.
The caveat to the ruling was that it only struck down the 2018 registration. It was up for reregistration this year. Because of this, more effort was put forth by the Ag companies to make sure their plans could get approved and done so in a way that would give their customers certainty. Today?s ruling does that.
Do not expect it to be business as usual though. The ruling today grants the EPA full control over the application of the product. Gone are the state by state mandates that we have come to know. There will be a National cutoff date for soybean and cotton producers of June 30th and July 30th, respectively. You will need to add a pH-buffering agent or a Volatility Reduction Agent to the tank mix. There will also be an increase in the buffer zone to a range of 240 -310 feet. Along with these changes, the EPA has called for a simplification of the label and use directions to make it easier to determine how and when to apply. Administrator Wheeler says that by instituting these changes they are addressing the concerns raised last June in the 9th Circuit Court Decision.
This does not mean that there may not be another legal challenge to this decision. Environmental groups are almost certain to issue challenges, likely in the 9th Circuit Court of Appeals again. The court has a long history of going after the Agriculture industry in favor of environmental concerns. It is also the most overturned court by the Supreme Court of the United States. (SCOTUS). With a precedent in this year?s ruling, they will have a chance to go after this new registration. However, there can be counter rulings in other circuit courts that would force the issue to the SCOTUS.
Iowa Agriculture Secretary Mike Naig talked with us about the certainty this announcement provides.
He talks about what is next for dicamba on the state level.
The move to give EPA more control with nation-wide regulations is not as big of an impact to Iowa as it was to other states. Naig says the state was more than willing to comply with the Federal regulations all along.
You may be wondering what this is all going to mean for your operation next year. Ryan Wolf is an Agronomy Manager for WinField United. He says that this decision really opens the toolbox for farmers.
Wolf discusses how these changes will impact your operation next year.
Wolf says now is the time to be looking at what your options are and select your seed based on the agronomic traits that fit your operation. He says while 2020 was a year of just getting by, 2021 is going to have to be the year to get back on track with your farm?s agronomic program and WinField United can help you make the best decisions possible.
Reactions to the ruling have come in from all over. BASF?s Engenia herbicide was approved as part of yesterday?s announcement and they released the following statement:
?The need for Engenia herbicide is greater than ever before due to increased weed resistance. When the weeds win, farmers see the impact to their livelihoods, harvests and yields,? said Scott Kay, Vice President of U.S. Crop, BASF Agricultural Solutions. ?Controlling resistant weeds is not only a physical challenge for farmers, it also can have a significant financial impact. It is estimated that certain resistant weed populations can reduce yields by 50 percent or more. This means that farmers planting dicamba-tolerant cotton and soybeans could potentially stand to lose more than $10 billion if they lost access to dicamba-based herbicides, like Engenia herbicide.?
Bayer?s XtendiMax herbicide with VaporGrip Technology was also on the list of approved products. Here is their statement on the ruling by EPA:
?We welcome the EPA?s science-based review and registration decision providing growers access to this important tool,? said Lisa Safarian, President of Bayer Crop Science North America. ?Growers need options, and we are proud of our role in bringing innovations like XtendiMax herbicide forward to help growers safely and successfully protect their crops from tough-to-control weeds.?
The American Soybean Association weighed in on the Dicamba approval. Bill Gordon is the ASA President and a Worthington, MN farmer. Here is his statement:
?We rely in great part on EPA support for the continued success of our industry, from measures encouraging biodiesel market expansion to these types of decisions regarding safe and effective use of crop protection tools. We thank EPA today for the many steps and time invested in coming to this decision to reregister a product relied upon by many soy growers.?
Logan Vaughn, LG Seeds Product and Agronomy Manager, states:
“The registration of dicamba products puts LG Seeds STAR Partner dealers and the farmers they serve in an excellent soybean position for 2021 and beyond. Combined with the recent approval of XtendFlex? Soybeans and the outstanding soybean lineup available from LG Seeds, farmers have the options they need for increased soybean yields and outstanding weed control.”
