The North Dakota Department of Agriculture is considering restrictions on the herbicides XtendiMax, Engenia, and FeXapan for the 2018 growing season in response to a survey finding crop damage from off-target dicamba movement in over 200 responses. The department received reports of dicamba damage across 163,204 acres in 28 counties. New state-specific regulations for the three dicamba products are expected by early November.

1. www.maronmarvel.com
“Plants in Vineyard Allegedly
Burned Out by
Herbicide Drift.”
Karen Binder, AgriNews,
October 8, 2017
“Complaints Surge About
Weed Killer Dicamba’s
Damage to Oak Trees.”
Jonathan Hettinger, Illinois Public
Media News, October 11, 2017
“Yield Reports on Dicamba
Injured Soybeans.” Larry
Steckel, UTcrops News Blog,
October 18, 2017
NORTH DAKOTA: The North Dakota
Department of Agriculture is currently considering
restrictions regarding the use of XtendiMax®,
Engenia®, and FeXapan™ that may exceed the new
federal rules promulgated by the EPA for the 2018
growing season. The Department compiled the
results of a recent anonymous web-based survey and
found that out of 215 survey responses, 207
responses indicated crop damage due to off-target
dicamba movement. Indications of damage,
including leaf-cupping, leaf curl, and crinkled
STATE AGENCY SPOTLIGHT
LITIGATION SPOTLIGHT
Monsanto Co. v. Arkansas State Plant Board, et al.; in the Circuit Court of Pulaski County, Arkansas, Case
No. 60cv-17-5964: On October 20, Monsanto sued the Arkansas State Plant Board (the “Board”) and its
members as part of the ongoing battle between the State of Arkansas and Monsanto concerning the new
dicamba formulations. This move comes exactly 30 days after the Board rejected Monsanto’s Petition (1) to
initiate a rule-making proceeding for the Board to approve Monsanto’s dicamba formulation, XtendiMax®, for
the 2018 growing season, and (2) to oppose the Board’s recommended ban on the use of the new dicamba
formulations after April 15, 2018.
Monsanto’s Complaint contains a detailed factual and procedural history of the new dicamba formulations’
regulation by the EPA and the State of Arkansas, and challenges both the Board’s procedure in regulating, and
ultimately banning, the new dicamba formulations and the merits of the Board’s decisions. Regarding its
procedural challenge, Monsanto alleges that the Plant Board employed an ever-evolving standard in reviewing
and regulating XtendiMax®, including the use of an “unwritten rule” that the Board would only consider
research conducted by researchers at the University of Arkansas, and would not consider any third-party
research. Concerning its challenge to the ban itself, Monsanto alleged that the Board’s decision was arbitrary
and capricious, and that the Board failed to review or consider 14 volatility studies submitted by Monsanto
prior to denying Monsanto’s Petition and moving forward with the 2018 ban.
Monsanto makes claims under Arkansas’s Pesticide Use and Application Act, Pesticide Control Act, and
Administrative Procedures Act, for violations of the Due Process and Commerce Clauses, and for a declaratory
judgment that the Board’s actions have violated state and federal law. Ultimately, Monsanto seeks a judgment
enjoining the Board from (1) prohibiting the sale of XtendiMax® after April 15, 2018 and (2) requiring
pesticide registrants to submit research conducted by University of Arkansas researchers to gain approval for
produce use in Arkansas. Read Monsanto’s full Complaint HERE.
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leaves, were reported in 163,204 total acres in 28
different counties. The Department is in the process of
crafting state-specific regulations regarding the use of
the three newly registered dicamba products in 2018,
and should have them finalized by early November.
The North Dakota Survey Report can be found HERE.
DICAMBA DEBRIEFING
ISSUE 6 – OCTOBER 2017
JOIN OUR AGRINEWS
MAILING LIST TODAY.
MAILTO:AGRINEWS@MARONMARVEL.COM
CONTACTS
CARSON THURMAN
CThurman@maronmarvel.com
601.969.4284
PRESTON LEE
PLee@maronmarvel.com
601.960.3184
JACK McCANTS
JMcCantsIII@maronmarvel.com
601.974.8718
MARY MARGARET GAY
MMGay@maronmarvel.com
601.974.8719
REPORTS MADE TO
STATE AGENCIES
2017
Alabama 8
Arkansas 969
Illinois 245
Indiana 128
Iowa 107
Kansas 108
Kentucky 19
Louisiana 2
Minnesota 253
Mississippi 80
Missouri 310
N. Carolina 15
N. Dakota 207
Oklahoma 19
S. Dakota 197
Tennessee 100
Texas 10
West Virginia 2
ONLINE SEARCHES FOR
“DICAMBA DRIFT” HAVE
INCREASED BY 194%
FROM OCTOBER 18 TO
OCTOBER 25, 2017
ARTICLES OF NOTE