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Ninth Circuit and EPA Continue Back and Forth on Dicamba

This week was another interesting week in relation to the Ninth Circuit Federal Court of Appeals and dicamba as the court recently ordered the Environmental Protection Administration (EPA) and plaintiffs to communicate with the court in addressing an appeal by the plaintiffs to block the EPA from its recent action to vacate the registration of 3 newer dicamba formulations (Xtendimax, Fexapan, and Engenia). Following the Court's June 3rd ruling to order the EPA to immediately vacate the registration of these chemistries, the EPA responded with its own order to vacate on June 8th, but to allow for continued use of stocks present in the marketplace by June 3rd through July 31st. The back and forth is expected to continue for some time with a potential ruling by the Supreme Court of the United States (SCOTUS).

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