BASF and Corteva request additional dicamba review

Jul 22, 2020

A federal court vacated dicamba registrations in June

By Diego Flammini
Staff Writer
Farms.com

Crop protection product manufacturers are asking a federal American court to reconsider its decision to ban the use of dicamba.

BASF and Corteva Agriscience filed paperwork on with the 9^th Circuit Court on July 20 asking it to review its June ruling to vacate the federal registrations of the companies’ dicamba products, Engenia and FeXapan, respectively.

The court also banned Bayer’s XtendiMax.

Since the ruling, the Environmental Protection Agency decided to allow producers to use existing dicamba supplies until July 31.

The ag companies are calling for the case to be heard “en banc,” meaning in front of all the judges of a court.

This strategy would mean a new review would be completed in front of the 9^th Circuit Court’s 11 judges compared to the three judges involved in the initial hearing.

The crop protection companies argue that the three-judge panel didn’t consider all available evidence before rendering its decision.

The panel provided “no deference whatsoever to the (Environmental Protection Agency’s) expert judgements, and (started) cherry-picking the record for evidence supporting vacatur – in effect, substituting its judgement of the highly technical scientific evidence for the EPA’s,” the court document says.

Vacatur is a Latin term meaning “to set aside a judgement.”

The court has yet to respond to BASF and Corteva’s request.

But the court should allow the review to ensure a fair ruling is rendered, BASF says.

A review is “necessary to correct errors by the panel in issuing a decision inconsistent with basic due process and administrative law principles,” the company said in a statement.

Farms.com has reached out to farmers and industry groups for comment.

Video: Why Seed Analysts are Thriving Under Seeds Canada

Last month in Edmonton, Alta., industry leaders and stakeholders gathered to discuss the evolving landscape of the seed industry at Seeds Canada’s annual conference. Among them was Sarah Foster, president of 2020 Seed Labs and the new vice-president of Seeds Canada.

Foster, who has been on the board of Seeds Canada for over a year, has witnessed firsthand the challenges and opportunities that come with the formation of the organization. Seeds Canada was established just over three years ago through the merger of multiple seed industry groups, including the Commercial Seed Analysts Association of Canada (CSAAC). Since then, the organization has been working to define its priorities and solidify its role in the industry.

“The challenge has been allowing the dust to settle after the merger,” Foster explained. “We’ve been focused on identifying what our priorities should be and ensuring that our members, especially the seed analysts, are getting what they need to continue their professional work.”

One of the recent highlights was a pre-conference event where the three major seed labs in Alberta — 20/20 Seed Labs, SGS Canada and Seed Check — opened their doors to members. The event saw a record number of seed analysts and business professionals in attendance. Foster emphasized the importance of this transparency, stating, “It’s crucial for people to see what goes on behind the scenes. We’re an open book now, and that openness helps build trust and understanding within the industry.”

The event also featured an environmental scan and a series of discussions that fostered strong communication among attendees. According to Foster, the dialogue was both encouraging and inspiring.

“A lot of people were really inspired by the fact that Seeds Canada is moving ahead with its agenda. The seed analysts, who have always worked diligently in the background, are now being recognized more prominently,” she said.

Before the merger, seed analysts were represented by CSAAC. Now, as part of Seeds Canada, they are finding their place within the larger organization. Foster believes that the integration has been successful, noting, “I think we’re thriving. You only need to look south of the border, where similar consolidations are happening.”

As Seeds Canada continues to evolve, Foster remains optimistic about the future. “I want to be totally transparent with anyone who is a seed analyst — I’ve got your back. We’re moving in a positive direction, and we’ll do everything we can to meet the needs of our members,” she said.