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dicamba
Federal Dicamba Ruling Called 'Vital Victory for Farmers and the Environment'
"The court today resoundingly reaffirmed what we have always maintained: The EPA's and Monsanto's claims of dicamba's safety were irresponsible and unlawful," said one plaintiff.
Feb 06, 2024
In what one plaintiff called "a sweeping victory for family farmers and dozens of endangered plants and animals," a federal court in Arizona on Tuesday rescinded the U.S. Environmental Protection Agency's 2020 approval of the highly volatile herbicide dicamba for use on certain genetically engineered crops.
In a 47-page ruling, U.S. District Judge David C. Bury found that the EPA failed to comply with public notice and comment requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), legislation passed in 1947 to protect agricultural workers, consumers, and the environment.
"This is a vital victory for farmers and the environment," said George Kimbrell, legal director at the Center for Food Safety (CFS), a plaintiff in the case. "Time and time again, the evidence has shown that dicamba cannot be used without causing massive and unprecedented harm to farms as well as endangering plants and pollinators."
"The court today resoundingly reaffirmed what we have always maintained: The EPA's and Monsanto's claims of dicamba's safety were irresponsible and unlawful," Kimbrell added.
Dicamba has damaged millions of acres of U.S. cropland since the EPA, during the Trump administration, dubiously approved its use on genetically engineered cotton and soybeans developed by Monsanto, which was acquired by Bayer in 2018.
The EPA subsequently identified spray drift as the main environmental risk for dicamba due to its potential to contaminate nontargeted crops, declaring that since 2016 "there has been a substantial increase in the overall number of reported nontarget plant incidents."
As CFS explained on Tuesday:
In today's decision, the court canceled dicamba's over-the-top use, holding that EPA violated FIFRA's public input requirement prior to the approval. This violation is "very serious," according to the court, especially because the 9th Circuit previously held EPA failed to consider serious risks of over-the-top dicamba in issuing the prior registration. The court outlined the massive damage to stakeholders that were deprived of their opportunity to comment, such as growers that do not use over-the-top dicamba and suffered significant financial losses and states that repeatedly reported landscape-level damage yet, in the same 2020 decision, lost the ability to impose restrictions greater than those imposed by the federal government without formal legislative and/or rulemaking processes. As a result, the court found "the EPA is unlikely to issue the same registrations" again after taking these stakeholders' concerns into account.
"We are grateful that the court held the EPA and Monsanto accountable for the massive damage from dicamba to farmers, farmworkers, and the environment, and halted its use," Lisa Griffith of the National Family Farm Coalition—another plaintiff in the case—said in a statement Tuesday. "The pesticide system that Monsanto sells should not be sprayed as it cannot be sprayed safely."
Tuesday's decision in Arizona follows a July 2022 ruling by the 8th U.S. Circuit Court of Appeals in St. Louis that found Monsanto and BASF were liable for damage to a Missouri peach farmer's groves caused by dicamba.
A 2021 EPA report revealed that high-ranking Trump administration officials intentionally excluded scientific evidence of dicamba-related hazards, including the risk of widespread drift damage, before reapproving the dangerous chemical. A separate EPA report described the widespread harm to farmers and the environment caused by dicamba during the 2020 growing season.
"Every summer since the approval of dicamba, our farm has suffered significant damage to a wide range of vegetable crops," said Rob Faux, a farmer and communications manager at the advocacy group Pesticide Action Network, a case plaintiff. "Today's decision provides much-needed and overdue protection for farmers and the environment."
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Watchdogs Upset EPA Has 'Once Again Failed' to Limit Dicamba Herbicide Harm
"EPA has clear, damning evidence its mitigation has utterly failed to protect farmers, the environment, and endangered species," said the Center for Food Safety legal director.
Feb 17, 2023
"I call bullsh*t."
That's how Nathan Donley, environmental health science director at the Center for Biological Diversity, responded Thursday to the U.S. Environmental Protection Agency (EPA) issuing limited restrictions for the use of over-the-top dicamba herbicides in four states.
Noting that it has been over a year since the Biden administration released a report "detailing just how incredibly devastating the 2020 dicamba approval has been," Donley said, "And now we're supposed to believe that four states not being able to use dicamba for two weeks in June accomplishes something?"
Under the EPA's rules for the 2023 season, farmers in Illinois, Indiana, and Iowa can't apply the herbicides Engenia, Tavium, and XtendiMax after June 12 or the V4 growth stage for soybeans and first square for cotton—whichever comes first. The previous end date for those states was June 20, which is the new cutoff for South Dakota, where farmers previously had until June 30.
Some experts warn that the timing of the EPA's move is "troubling" given the proximity to soybean planting. University of Illinois weed scientist Aaron Hager told FarmProgress that "it's going to be a challenge. I'm afraid for soybean farmers who have already made their seed and herbicide purchases for the 2023 growing season."
Meanwhile, longtime critics of the herbicide like Donley and George Kimbrell, legal director at the Center for Food Safety, called out the EPA for continuously failing to go far enough to limit harm from dicamba, given concerns about drift damage.
\u201cMore deck chairs on the titanic. EPA has clear, damning evidence its mitigation has utterly failed to protect farmers, the environment, and endangered species, yet once again blinked and failed to make meaningful changes. 1/1\u201d— George A Kimbrell (@George A Kimbrell) 1676589709
"This marks the fifth time in seven years EPA has made changes to dicamba's registration," Kimbrell said in a statement. "Yet faced with a mountain of data that its past measures have utterly failed to protect farmers, the environment, and endangered species, EPA once again failed to make meaningful changes."
"What EPA revised only affects four of 34 states, offers nothing to admitted continued risks to endangered species, and makes a label that already was impossible to follow in real-world farming even more impossible to follow," Kimbrell added.
"If allowed to stand, EPA's capitulation to pesticide companies will condemn many thousands of farmers to another year of devastating dicamba clouds injuring their crops, endangering their livelihoods, and tearing apart their rural communities," he warned, vowing to continue doing "everything we can to stop this harm."
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