On February 6, 2024, the U.S. District Federal Court in Tucson, Arizona vacated or canceled Xtendimax, Engenia, and Tavium herbicide labels because the EPA did not follow proper procedures during the public comment period when dicamba was reregistered in 2020 for use in dicamba tolerant cotton and soybean. This means that these herbicide products cannot be sold or used in dicamba tolerant crops following the ruling. Since this was a ruling against EPA and not the registrants, the appeal process will fall on the EPA which could take months. Also, EPA guidance on dicamba already purchased by farmers is still unknown. But, most of the dicamba in the supply chain had not been sold at the time of the ruling. Dicamba tolerant crop seed will still be available in 2024. It should be noted that there are alterative herbicide programs for these crops including Liberty postemergence along with soil residuals. These overlapping applications of soil residuals along with timely postemergence sprays of Liberty will be required for management of weeds, such as Palmer amaranth and other troublesome weeds.
