Earlier this month farmers here in the Midwest were shocked when the U.S. Court of Appeals for the Ninth Circuit vacated the label for the dicambia herbicides XtendiMax, FeXapan and Engenia. Typically farmers know when there is a lawsuit that may take commonly used product off the market. In this case we had no idea. Even the Minnesota Department of Agriculture was caught off-guard and scrambling to try and figure out what the court action meant!

Well, this time we know about a court case. There is a pending law-suit that was filed in 2017 before the U.S. Court of Appeals in California to vacate the label for Enlist 2-4 D choline too. It was brought by the same group of plaintiffs that brought the dicambia lawsuit, the National Family Farm Coalition, the Center for Biological Diversity, the Center for Food Safety and Pesticide Action Network.

It can't hurt and maybe it will help because the Enlist lawsuit will be heard by a different 3 judge panel on the Ninth Circuit in California. Plus I read that the judges biggest criticisms of the dicambia label don't really apply to Enlist.