WASHINGTON, D.C. – Earlier this week, CropLife America (CLA), along with groups representing American farmers, filed friend of the court briefs in National Family Farm Coalition, et al. (NFFC) v. United States Environmental Protection Agency (EPA), et al., supporting EPA’s authority to issue a cancellation order for three dicamba herbicides. CLA’s brief provided legal and policy support for EPA’s responsibility to comprehensively regulate pesticide products, from approval through cancellation and disposal.

“EPA’s order balanced the court’s ruling with the agency’s statutory obligations to manage the orderly cancellation of a registered pesticide. The order protects the environment, while ensuring that farmers can continue to protect their crops at a critical point in the growing season. EPA’s science-based regulation of pesticides ensures protection of the environment and certainty for our farm customers,” said Chris Novak, CLA president and CEO. “It is estimated that 64 million acres of dicamba-tolerant soy and cotton seeds have already been planted this season, and with no viable weed control alternative that can realistically be deployed over the next several weeks, yield losses for soy and cotton could be as high as 50 percent. We applaud EPA’s leadership in defending the integrity of our nation’s risk-based regulatory system established by existing pesticide law.”  

Following the June 3 Ninth Circuit decision vacating EPA registrations of certain low volatility dicamba products, EPA issued a cancellation order five days later to help ensure the orderly execution of the court’s decision. Plaintiffs filed  an emergency order with the Ninth Circuit challenging the cancellation order and asking the Court to hold EPA in contempt. EPA is opposing NFFC’s challenge, along with CLA member companies that have joined EPA in defending the cancellation order. The court is expected to decide on NFFC’s challenge to the EPA order in the coming weeks. CLA will continue to monitor developments in the litigation.