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9th Circuit Denies Appeal on Dicamba Ruling

On Monday, August 17th, the 9th U.S. Circuit Court of Appeals issued an order denying requests to conduct a rehearing of the court's June 3rd ruling that ordered the Enivronmental Protection Agency (EPA) to vacate registrations of Xtendimax, FeXapan and Engenia. The companies sought to have a panel of 11 judges of the 9th Circuit Court to reconsider the ruling of the 3 judge panel that issued the June 3rd ruling. The decision leaves the U.S. Supreme Court as the only remaining venue for dicamba manufacturers seeking to overturn the 9th Circuit's ruling, however it's not yet known if the registrants would pursue such an appeal or if the Supreme Court would take it up for consideration. The registrants continue to seek a new registration with the EPA for the upcoming 2021 crop year, but such a decision is not expected until late October at the earliest according to reports. last stop for dicamba manufacturers seeking to overturn the ruling.

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