In October 2020, the EPA issued a new round of dicamba regulations. Already, a group of environmental and farmers groups have challenged these new regulations in court, just as they did in 2018. In that prior lawsuit, the Ninth Circuit vacated three dicamba registrations and in June of this past year, the lawsuit settled. Now the same court will evaluate the new dicamba regulations, in which the plaintiffs raise many of the same arguments they presented in 2018.
In this article, we’ll discuss the prior lawsuit’s settlement terms and explain the issues dicamba can pose to farmers.
300 Million Dollar Dicamba Settlement Finalized
Although the settlement was announced in June 2020, Monsanto, the manufacturer of dicamba, has only finalized the terms of the settlement agreement this past month. Broadly speaking, settlement funds will be available to soybean farmers who are able to demonstrate that their crop suffered losses due to dicamba from 2015 until 2020. An online claims portal will be opened in which soybean farmers will be able to upload documentation. It’s important to note that the settlement is currently only available to soybean farmers, however many claims with other farmers are also in the process of settlement. You can learn more about the dicamba settlement and determine eligibility for settlement funds here.
Why is Dicamba Bad?
Dicamba is an herbicide commonly used with other herbicides to kill leafy weeds. It’s found in over one thousand different herbicide products. It is considered more toxic to wildlife, pollinators, and aquatic life than other herbicides, such as glyphosate, yet not as toxic as 2,4-D. In the past dicamba had primarily been used to kill weeds just before the season’s crop was planted. However, as dicamba-resistant crops are hitting the market, leading those farmers to spray their fields with dicamba during the growing season.
This is problematic because one of the biggest disadvantages to dicamba is that it is highly “volatile,” which means that the herbicide can easily become airborne. Consequently, wind and air can carry dicamba significant distances, causing the herbicide to land far from where it was initially applied. As a result, dicamba can kill leafy crops that do not contain dicamba-resistant genes.
Is Dicamba Harmful to Humans?
When used under proper conditions, dicamba is mildly toxic to humans. The EPA has stated that dicamba does not contain human carcinogens. However, some scientific studies revealed some associations between the use of the products and instances of lung and colon cancer.
Some symptoms that humans may experience if they are exposed to dicamba are dizziness, coughing, or skin irritation. If ingested, dicamba can cause vomiting, diarrhea, muscle spasms, abdominal pain, or loss of appetite.
Can I Still Spray Dicamba?
In June 2020, the Ninth Circuit court held that farmers can no longer spray dicamba over crops that contain dicamba-resistant DNA. More specifically, the ruling vacated (or ended) the EPA’s approval of the use of three herbicides, XtendiMax, Engenia, and FeXapan, on soybeans and cotton, effective immediately. The decision to vacate the registrations is a clear instruction to both the EPA and farmers alike that the use of these three dicamba herbicides on crops must end immediately.
The EPA has since announced new dicamba registrations for other dicamba products. More specifically, the EPA approved new registrations for two “over-the-top” dicamba products and extended the registration for an additional over-the-top dicamba product. These registrations are only for use on dicamba-tolerant cotton and soybeans.
However, these new registrations come with additional requirements, including pH buffering and downwind buffers. It’s important to note that these regulations are once again being challenged in the same court that struck down the use of these products last summer, so changes to these registrations may emerge in the near future.
What does Dicamba Herbicide Kill?
Dicamba is an herbicide that kills leafy weeds. This means it targets plants with broad leaves, rather than plants related to grasses. However, because dicamba is relatively toxic and few plants contain dicamba-resistant genes, it can also kill other leafy crops including soybeans or tomato plants. Dicamba can also target woody broadleaf plants, such as treats, and fruit-bearing plants. You can tell that a plant has been damaged by dicamba contamination because the leaves of the plant will curl in on themselves along the edges, creating almost a cup-shape. Ultimately, this kills the plant because it prohibits the proper development of the leaves (or the plant’s vascular tissue).
How can Chem Service Analytical Standards Help Determine Whether Dicamba is Present?
Our analytical standards help our clients identify the presence of herbicides such as dicamba in their testing samples. With our products, testing services will not only be able to identify the presence of those chemicals, but also will be able to determine how pure the presence of dicamba is. With our products, you’ll be able to provide their clients with complete, comprehensive, and informative testing results that can better inform them of the next steps they should take to protect their property.
