March 2024 FloridAgriculture eNewsletter

On February 6, 2024, a federal court in Arizona issued a ruling stating the Environmental Protection Agency (EPA) must vacate the 2020 registrations for over-the-top use of three dicamba-based pesticides; XtendiMax, Engenia, and Tavium.  

This ruling is a result of a lawsuit (Center for Biological Diversity v. U.S. EPA) that found the EPA in violation of their legal agreements under the Endangered Species Act (ESA) and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This is the second ruling that has ordered EPA to vacate a dicamba registration, following a ruling from the Ninth Circuit Court of Appeals, which overturned the then-current over-the-top dicamba registration in June 2020. While the decision from the Arizona court relies on different legal arguments than the Ninth Circuit’s 2020 decision, the outcome is the same.  

On February 14th, EPA issued an existing stocks order. This order allows farmers to use dicamba directly onto crops during the 2024 growing season, as long as the pesticides were “labeled, packaged, and released for shipment” prior to February 6. After the 2024 season, it is unclear if these three dicamba products will be available for over-the-top use. More than 75% of the cotton acres across the Cotton Belt were planted with dicamba-tolerant traits in the 2023 season. 

Florida Farm Bureau Federation is committed to working alongside the EPA to find a more feasible solution that will meet the EPA’s legal obligations to the ESA and FIFRA, while also maintaining access to the necessary tools that producers need. Please reach out to Maddie Campbell with any questions or concerns. More information can be found here.