Ninth Circuit Court Denies Petitions to Overturn Dicamba Ruling
August 24, 2020 The Ninth Circuit Court of Appeals has denied petitions by Bayer, BASF and Corteva Agriscience to overturn a June 3 ruling vacating the registrations of XtendiMax, Engenia and FeXapan dicamba herbicides.
The latest ruling, issued August 17, came in response to the companies’ petitions in late July for an en banc review of the original decision by a three-member panel of the Court, citing that the judgment was unfair, unconstitutional and required full judicial review.
The Court order announcing the decision noted, “The full court has been advised of the petitions for rehearing en banc, and no judge of the court has requested a vote on whether to rehear the matter en banc. The petitions for rehearing en banc are denied.”
The next step for the companies – should they choose to move ahead – would be to appeal to the U.S. Supreme Court.
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