By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
FAYETTEVILLE, Ark. — The rollercoaster of changing state and federal policies regarding dicamba has kept producers on their toes in recent years. Earlier this year, a federal court in Arizona called into question the future of over-the-top dicamba use for producers.
Brigit Rollins, staff attorney for the National Ag Law Center, will present a webinar on "The Deal with Dicamba" on May 15. (U of A System Division of Agriculture file photo)
“The Feb. 6 decision from the U.S. District Court of Arizona was another major development in the ongoing saga impacting producers’ methods for protecting their crops,” Brigit Rollins, staff attorney for the National Agricultural Law Center, said. “Pending a possible appeal, producers will not be able to rely on over-the-top dicamba as they may have in the past.”
On Feb. 14, the U.S. Environmental Protection Agency issued a notice stating that it would allow farmers and producers to use their remaining dicamba stocks.
“We’ve seen this in the past, where the EPA allows producers to use dicamba stock that was purchased prior to a ruling,” Rollins said. “The end date for sale and distribution of dicamba stocks, as well as the end date for use of existing stocks, varies from state to state, so it’s important that producers consult the EPA’s notice to ensure they are complying with the new policy.”
May 15 webinar
Rollins will discuss dicamba during the next National Agricultural Law Center webinar, which will be held on May 15. The webinar, titled, “The Deal with Dicamba: Overview of Recent Legal Developments,” will begin at 11 a.m. Central/Noon Eastern. The event has no cost and registration is available online.
A recurring theme in the ongoing saga of dicamba lawsuits is environmental plaintiffs claiming the EPA has violated both the Endangered Species Act, or ESA, and the Federal Insecticide, Fungicide, and Rodenticide Act, known as FIFRA.
“A large part of why we get these court decisions impacting access to products such as dicamba is due to the EPA’s approach to meeting its ESA responsibilities while carrying out actions under FIFRA,” Rollins said. “The EPA is in the process of developing its new policy for how it meets these responsibilities. Because of this, we are expecting future changes to how producers are able to use pesticide products.”
Rollins discusses the history of dicamba and policy in her article series “The Deal with Dicamba,” which is available online on the NALC website. She also reviewed the EPA’s new ESA-FIFRA policy in a previous NALC webinar, which is available to watch online.
“Brigit is an expert in pesticide developments and policy,” NALC Director Harrison Pittman said. “She has created great NALC resources on this topical area, such as the NALC Endangered Species Act Manual, and has presented excellent webinars in the past.”
The NALC has had two prior “The Deal with Dicamba” webinars presented by Rollins. Recordings can be found online in the NALC’s Webinar Series archive.
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About the National Agricultural Law Center
The National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, state and federal policymakers, Congressional staffers, attorneys, land grant universities, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.