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Monsanto Dicamba Herbicide-Tolerant Cotton and Soybean Plants – Lawsuit against EPA

Update – Monsanto Dicamba Herbicide-Tolerant Cotton and Soybean Plants – Lawsuit against EPA has been Filed in the U.S. Court of Appeals for the Ninth Circuit which requests that the Court “… review the final order of the [EPA] granting a conditional registration for the new uses of the herbicide dicamba for use on genetically engineered cotton and soybean that have been engineered to resist dicamba in thirty-four states …” – The petition requests the Court to “… find that (1) EPA violated its duties under FIFRA in issuing the conditional registration, and (2) EPA violated the Agency’s duties under the Endangered Species Act (ESA) … by failing to consult with the United States Fish and Wildlife Service or the National Marine Fisheries Service to insure that conditionally registering dicamba for uses on genetically engineered cotton and soybean in the thirty-four states will not jeopardize any listed species or destroy or adversely modify any of their critical habitats …” – The lawsuit was filed by the National Family Farm Coalition, Pesticide Action Network, Center for Food Safety, and Center for Biological Diversity, represented jointly by legal counsel from Earthjustice and Center for Food Safety.

Web site: Sources: Petition for Review filed January 20, 2017 in the U.S. Court of Appeals for the Ninth Circuit posted at
http://www.fien.com/pdfs/DicambaPetition1-23-17.pdf

The November 9, 2016 EPA Pesticide News Story, titled “EPA Registers Dicamba Formulation for Use on Dicamba Tolerant Crops”, is posted at
http://www.epa.gov/pesticides/epa-registers-dicamba-formulation-use-dicamba-tolerant-crops

Questions and Answers about the Registration of Dicamba for Use on Genetically-Engineered Crops are available at
http://www.epa.gov/ingredients-used-pesticide-products/registration-dicamba-use-genetically-engineered-crops

The April 28, 2016 EPA Pesticide News Story, titled “EPA Extends Comment Period on Proposed Decision to Register Dicamba for Use on Genetically-Engineered Crops”, is posted at
http://www.epa.gov/pesticides/epa-extends-comment-period-proposed-decision-register-dicamba-use-genetically-engineered

April 1, 2016 EPA Pesticide News Story, titled “EPA Seeks Comment on Proposed Decision to Register Dicamba for Use on Genetically-Engineered Crops”, posted at
http://www.epa.gov/pesticides/epa-seeks-comment-proposed-decision-register-dicamba-use-genetically-engineered-crops

The January 20, 2015 USDA APHIS Federal Register Notice, titled “Monsanto Co.; Determination of Nonregulated Status of Herbicide Resistant Soybean and Cotton”, is posted at
http://www.gpo.gov/fdsys/pkg/FR-2015-01-20/html/2015-00723.htm

The January 15, 2015 APHIS Stakeholder Registry e-mail update, titled “APHIS Announces Deregulation of Monsanto Company’s Genetically Engineered Soybeans and Cotton”, is posted at
http://content.govdelivery.com/accounts/USDAAPHIS/bulletins/e9987c

* The January 15, 2015 APHIS Determination of Nonregulated Status for GE Dicamba and Glufosinate-Tolerant Cotton is posted at
http://www.aphis.usda.gov/brs/aphisdocs/12_18501p_det.pdf
* The January 15, 2015 APHIS Determination of Nonregulated Status for GE Dicamba-Tolerant Soybean is posted at
http://www.aphis.usda.gov/brs/aphisdocs/10_18801p_det.pdf

The December 12, 2014 USDA APHIS News Release, titled “USDA Announces Final Environmental Impact Statement on Dicamba/Glufosinate Tolerant Cotton and Dicamba Tolerant Soybean”, is posted at
http://1.usa.gov/1GuS9gn

The December 2014 USDA APHIS Final Environmental Impact Statement is posted at
http://www.aphis.usda.gov/brs/aphisdocs/dicamba_feis.pdf
* Questions and Answers on the Final EIS are posted at
http://www.aphis.usda.gov/publications/biotechnology/2014/faq_brs_final_eis_cotton_soybeans.pdf
* The December 12, 2014 EPA Federal Register Notice, titled “Environmental Impact Statements; Notice of Availability”, is posted at
http://www.gpo.gov/fdsys/pkg/FR-2014-12-12/html/2014-29196.htm

The previous FIEN message related to this topic is posted at
http://www.fien.com/articleDisplay.php?id=36912

Contact: Contacts for EPA’s Pesticide Program may be found at
http://www.epa.gov/ingredients-used-pesticide-products/forms/contact-us-about-ingredients-used-pesticide-products

Summary: The text of the November 9, 2016 EPA Pesticide News Story follows:

EPA is registering a dicamba formulation, Xtendimax™ with Vapor Grip™ Technology, which is specifically designed to have lower volatility, to control weeds in cotton and soybean crops genetically engineered to tolerate dicamba.

This registration is for a formulation of dicamba that contains an additive that reduces volatility. This formulation is different from the products that are alleged to have been recently used illegally. EPA continues to investigate these issues in several locations in the Midwest (http://www.epa.gov/compliance/compliance-advisory-high-number-complaints-related-alleged-misuse-dicamba-raises-concerns ).

The label requires very specific and rigorous drift mitigation measures. Restrictions on the use of the product to further reduce the potential for exposure from spray drift include: no application from aircraft; no application when wind speed is over 15 mph; application only with approved nozzles at specified pressures; and buffer zones to protect sensitive areas when the wind is blowing toward them.

Weeds that are becoming increasingly resistant to glyphosate-based herbicides cause problems for farmers. This registration will provide an additional tool to reduce the spread of glyphosate resistant weeds. This final decision is designed to ensure that weed resistance is successfully managed, including reporting by the registrant to EPA of any suspected resistance, as well as remediation and grower education.

EPA is placing time limits on the registration to allow the Agency to either let it expire or to easily make the necessary changes in the registration if there are problems with resistant weeds or pesticide drift. Nevertheless, herbicide resistance is adequately addressed by the terms of the registration, and the Agency does not expect off-site incidents to occur.

This dicamba formula for use on dicamba-tolerant soybean and cotton has been registered for sale and use in Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

EPA proposed this decision on March 31, 2016. EPA’s final regulatory decision and supporting documents, including a response to public comments, are available in docket number EPA-HQ-OPP-2016-0187 (http://www.regulations.gov/docket?D=EPA-HQ-OPP-2016-0187 ) at www.regulations.gov .

More information on dicamba:
http://www.epa.gov/ingredients-used-pesticide-products/registration-dicamba-use-genetically-engineered-crops

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