BASF is pleased that the United States Court of Appeals for the Ninth Circuit granted BASF’s emergency motion to intervene in the case vacating the registrations of three dicamba-based herbicides, including BASF’s Engenia® herbicide. We are also pleased that the court’s decision will permit the continued use of existing stocks pending further court proceedings.
The EPA’s order, issued on June 8, 2020, allows growers and commercial applicators to continue to apply Engenia in a way that is consistent with the previously approved label until July 31, 2020. The EPA’s decision to allow the use of existing stocks will help to save this year’s crops and save farmers’ millions of dollars in their investment in our product.
However, as the Engenia registration remains vacated as a result of the Court’s original decision, we seek a recall and stay of the Court’s mandate until BASF has the opportunity to challenge that decision. We are committed to pursue all legal remedies available to ensure farmers have access to the safe and effective crop protection solutions they have come to rely on, including Engenia herbicide. BASF will also continue to pursue EPA re-registration of Engenia for the coming seasons.