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Ag retailers warn lawsuits still possible under new EPA dicamba label

Richard Gupton with the Ag Retailers Association says stricter over-the-top dicamba label requirements from the U.S. EPA are designed to keep the product on target and out of the courtroom, but he says…

“I anticipate some lawsuits potentially from this. I think that’s why the EPA took so long and put the more stringent standards on for the mitigation measures on this current label.”

Drift from over-the-top dicamba has been the cause of several legal battles in the last decade, and there was no legal label for OTT dicamba last year.

The new guidance says applicators are required to cut rates in half, double volatility reduction agents, meet a certain amount of runoff and erosion mitigation points to apply the product, and follow stricter temperature guidelines. The restrictions comply with the Endangered Species Act.

Gupton tells Brownfield “there’s some concerns because there’s a lot of restrictions put in place, but the alternative, at this point, would be no product at all if they didn’t approve the registration.”

The EPA has said it will adjust restrictions and revoke approvals if risks aren’t controlled.

“If there’s by court or by the EPA, some kind of effort to vacate the registration, which we don’t anticipate, but if that takes place, we ask that they allow for existing stocks to be used. If they halted it during this current season, after they’ve approved it, that would just create even more disruption to the marketplace.”

Gupton says the future of over-the-top dicamba will depend on the next two growing seasons.