The Scoop Podcast: What Does The Dicamba Court Decision Mean For Ag Retail?
Richard Gupton with the Agricultural Retailers Association joins the podcast to give a regulatory and policy update. This is on the heels of the federal court in Arizona’s ruling which vacated the label for over the top dicamba application in 2024.
“When the court issued the order, it vacated the registrations for those Dicamba products nationwide,” Gupton says. “Once that court order was issued, the registrations go away. So you can't sell it, you can’t use that product legally, which is a big problem because this is just before the busy spring season.”
Gupton shares what steps ARA is taking, and what retailers should know as this decision could impact millions of soybean and cotton acres.
“There are no alternative products that would be available in time for the season,” he says. “Farmers have been working with their retailers and have already made the decisions about seeds for crops. They've already made decisions about pesticide products.”
Gupton says because of the timing of the decision and the magnitude of its effect on farmers and ag retailers, ARA submitted a letter to EPA urging three things:
- An immediate appeal of the Arizona Federal Court decision, and seeking a stay of that order, pending appeal.
- As broad and flexible as existing stocks provision as possible. This could allow for any product within the channels of trade to be stored, sold and used. ARA also asked that any product manufactured that may be still at the registrant’s facilities, but hasn’t yet been shipped, to be included as well.
- An emergency use label. This would lead to any additional product needed being able to be manufactured to fill any gaps.
As far as timing for any response from the EPA, Gupton shared: “We're hopeful sooner obviously rather than later because of all of this uncertainty.”
He also shares updates on litigation surrounding treated seed and chlorpyrifos.
There have been a few notable house committee hearings with implications for agriculture and more.
