Ohio Beef Cattle Letter

Dear Ohio BEEF Cattle letter subscribers,

Seven new articles have been posted in this week’s issue number 1199 of the Ohio BEEF Cattle letter: http://u.osu.edu/beef/

While parts of Ohio received significant and much needed rainfall yesterday, other parts remain in near drought conditions combined with 90+ degree temperatures. This week we’re focused on management issues related to hot, dry weather.

Articles this week include:

  • Pasture Management in a Drought
  • Emergency Forages to Plant Mid-Summer
  • Summer Planted Annual “Cover Crops” for Forage, a study conducted in 2019
  • Ruminants, and the Impact of Hot Weather
  • When to market culls?
  • Hold cattle and delay marketing, or move them on?
  • Livestock Risk Protection Changes

Ohio Hop Growers Open House July 25th

The Ohio Hop Growers Guild welcomes you to experience how hops are grown in Ohio. Mark your calendars for Saturday, July 25th from 10 AM to 2 PM and visit a local hop yard near you!

Cure your curiosity for how hops are produced. Talk to growers and learn more about the vital ingredient in your brews!

We welcome brewers (craft and home), beer servers, hop growers of any kind, potential growers, the just plain curious craft beer connoisseur- anyone who wants to know more about Ohio grown hops and up your hop game.

Participating growers are listed below- please visit their Facebook or website as we get closer to the date for additional information on their open house.

Current participants and locations:

 

1- Hirschfeld Hops

18901 Flederjohn Rd

New Knoxville 45871

Hirschfeld Hops

 

hirschfeldhops@gmail.com

 

2- Arcadia Buckeye Hops

18745 County Rd 109

Arcadia 44804

Arcadia Buckeye Hops LLC

 

arcadiabuckeyehops@gmail.com

 

3- CLEaf Farms, Ltd.

1211 Ferman Ave

Cleveland 44109

cleaffarms216@gmail.com

 

4-Auburn Acres

10638 Taylor may Rd

Auburn 44023

Auburn Acres Hops

 

auburnacresohio@gmail.com

 

5- Barking Squirrel Farms

14265 Seigler Rd

Lisbon 44432

https://www.facebook.com/BarkingSquirrelFarms

 

merritt@barkingsquirrelfarms.com

 

6- Boondocks Hops

1580 North Altman Rd

New Richmond, 45157

Boondocks Hops

 

www.boondockshops.com

peter@boondockshops.com

 

7 Ohio Valley Hops

8371 Ohio 48

Maineville 45039

Ohio Valley Hops

 

www.ohiovalleyhops.com

ohiovalleyhops@gmail.com

 

8- Little Miami Farms

3391 Cemetery Rd

Xenia 45385

Little Miami Farms

 

www.littlemiamifarms.com

jamie@littlemiamifarms.com

 

9- OSHY Hops

12790 Fralick Rd

South Solon 43153

OSHY Hops

 

www.oshyhops.com

derek@oshyhops.com

 

10- Zachrich Hop Yard

4850 Mechanicsburg-Sanford Rd

Mechanicsburg 43044

Zachrich Hop Yard

 

zachrichhopyard.wixsite.com/zachrichhopyard

zachrichhopyard@gmail.com

 

 

11- Oak Hill Hops

3031 West Streetsboro Rd

Richfield 44286

Oak Hill Hops

 

ashley@oakhillhops.com

 

ODA Partners with OSU Extension to Provide Online Pesticide Recertification Opportunities

The Ohio Department of Agriculture (ODA), is partnering with the Ohio State University Extension Pesticide Safety Education Program (PSEP) to temporarily offer online recertification for pesticide applicators and fertilizer certificate holders whose licenses expired or are due to expire this year, and were unable recertify as a result of the COVID-19 pandemic.  The online recertification for private pesticide applicators and fertilizer certificate holders will be available starting Monday, July 6.  Commercial pesticide applicators will be able to recertify online beginning August 10.

For more information or to register for the online recertification, click on this hotlink: pested.osu.edu/onlinerecert.

Training videos for recertification will include category specific, up-to-date information provided by ODA, Ohio State University Specialists, Field Specialists, and Extension Educators. The cost for online training is $35 for private applicators and $10 for fertilizer recertification. The price per credit hour for commercial applicators is $15.  Your license number or applicator ID will be required to complete the recertification process.  If you don’t know your license number, please contact ODA at 614-728-6987, choose option 1.

Applicators are still required to meet their recertification requirements to renew licenses and certifications.  As a result of HB 197, applicators have until 90 days after the emergency is over or December 1, whichever comes first, to complete their requirements.  Recertification status can be checked online here. Applicators must also submit a completed renewal application and pay an additional fee to the ODA for licensure.

If you have questions about Pesticide or Fertilizer certification or recertification, pleas contact the OSU Extension Greene County Office at 937-372-9971 and ask for Trevor Corboy.

CORN Newsletter

 

June 30 – July 6

 

Editor: Sarah Noggle

 

Warmer weather favored for the rest of the growing season Hotter and drier than normal for much of July

Author: Jim Noel

After a cool spring, we are playing catch up fast with a warm June. June will end up being 1-3 degrees above normal with rainfall 50-100% of normal. The warm weather will continue for the rest of the summer. Maximum temperatures will likely be 1-3 degrees above normal in July.

Read more

 

Double Crop Soybean Recommendations

Author: Laura Lindsey

As small grains are harvested across the state, here are some management considerations for double-crop soybean production:

Read more

 

Water Quality Extension Associate Services in NW Ohio

Authors: Rachel Cochran, Brigitte Moneymaker, Jordan Beck, Nick Eckel, Matthew Romanko, Boden Fisher

Our Goal

Read more

 

Western Bean Cutworm Monitoring in Ohio

Authors: Amy Raudenbush, Mark Badertscher, Frank Becker, Lee Beers, CCA, Bruce Clevenger, CCA, Sam Custer, Tom Dehaas, Jason Hartschuh, CCA, Andrew Holden, Stephanie Karhoff, Ed Lentz, CCA, Rory Lewandowski, CCA, Cecilia Lokai-Minnich, David Marrison, Eric Richer, CCA, Garth Ruff, Beth Scheckelhoff, Clint Schroeder, Jeff Stachler, Mike Sunderman, Curtis Young, CCA, Chris Zoller, Andy Michel, Kelley Tilmon, Craig Everett

Monitoring for the Western bean cutworm (WBC) began the week of June 22nd across Ohio. Currently, WBC adult numbers are low in all monitoring counties. Trap counts for the week of June 22 – 28 resulted in a total of 17 WBC adults (0.23 average moths per trap) (Figure 1).

Read more

 

Looking for soybean fields with late season waterhemp

Author: Mark Loux

OSU weed scientists and ag engineers are looking for soybean fields that have populations of waterhemp or Palmer amaranth surviving into July and August (after all control with herbicides has been attempted).  We have a project involving the use of a drone to identify these weeds in mid to late s

Read more

 

About C.O.R.N. Newsletter

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

 

Contributors:

 

Glen Arnold, CCA
Field Specialist, Manure Nutrient Management

 

Mark Badertscher
Hardin County

 

Frank Becker

 

Lee Beers, CCA
Trumbull County

 

Amanda Bennett
Miami County

 

Larry Brown
State Specialist, Water Management

 

Ann Chanon
Extension Educator, Agriculture and Natural Resources

 

Bruce Clevenger, CCA
Defiance County

 

Rachel Cochran
Extension Associate

 

Steve Culman
State Specialist, Soil Fertility

 

Wayne Dellinger
Union County

 

Anne Dorrance
State Specialist, Soybean Diseases

 

Nick Eckel
Water Quality Associate

 

Mike Estadt
Pickaway County

 

Boden Fisher
Extension Associate

 

Ken Ford
Fayette County

 

Allen Gahler
Sandusky County

 

Mike Gastier, CCA
Huron County

 

Will Hamman
Pike County

 

Elizabeth Hawkins
Field Specialist, Agronomic Systems

 

Stephanie Karhoff
Williams County

 

Greg LaBarge, CPAg/CCA
Field Specialist, Agronomic Systems

 

Ed Lentz, CCA
Hancock County

 

Laura Lindsey
State Specialist, Soybean and Small Grains

 

Mark Loux
State Specialist, Weed Science

 

David Marrison
Coshocton County

 

Andy Michel
State Specialist, Entomology

 

Rich Minyo
Research Specialist

 

Gigi Neal
Clermont County

 

Jim Noel
National Weather Service

 

Sarah Noggle
Paulding County

 

Tony Nye
Clinton County

 

Les Ober, CCA
Geauga County

 

Pierce Paul
State Specialist, Corn and Wheat Diseases

 

Amy Raudenbush
Research Associate Entomology

 

Eric Richer, CCA
Fulton County

 

Dennis Riethman
Mercer County

 

Matthew Romanko
Extension Associate

 

Garth Ruff
Henry County

 

Beth Scheckelhoff
Putnam County

 

Matt Schmerge
Shelby County

 

Clint Schroeder
Allen County

 

Jeff Stachler
Auglaize County

 

Mark Sulc
State Specialist, Forage Production

 

Harold Watters, CPAg/CCA
Field Specialist, Agronomic Systems

 

Aaron Wilson
Byrd Polar & Climate Research Center

 

Ted Wiseman
Perry County

 

Curtis Young, CCA
Van Wert County

 

Chris Zoller
Tuscarawas County

 

The information presented here, along with any trade names used, is supplied with the understanding that no discrimination is intended and no endorsement is made by Ohio State University Extension is implied. Although every attempt is made to produce information that is complete, timely, and accurate, the pesticide user bears responsibility of consulting the pesticide label and adhering to those directions.

CFAES provides research and related educational programs to clientele on a nondiscriminatory basis. For more information, visit cfaesdiversity.osu.edu. For an accessible format of this publication, visit cfaes.osu.edu/accessibility.

CORN Newsletter – June 23

 

June 23 – June 29

 

Editor: Sarah Noggle

 

What a Difference a Year Makes in the Weather

Author: Aaron Wilson

Things change quickly when it comes to weather and climate. Recall 2019, a record wet start to the year for many across Ohio, only to see 26% of the state enveloped in moderate drought conditions by October.

Read more

 

The 6th Annual National Forage Week!

Author: Mark Sulc

The 6th Annual National Forage Week is being celebrated on June 21-27, 2020, to raise awareness of the importance and impact of forages in our lives.

Read more

 

Dicamba battles continue: court allows dicamba use

Author: Peggy Hall

There was a great deal of action last Friday in the case that vacated the registrations of XtendiMax, Engenia, and FeXapan dicamba-based products.  Despite a barrage of court filings on Friday, however, nothing has changed the current legal status of the dicamba products in Ohio, and Ohio

Read more

 

Soybean Vegetative Growth Stages- VC vs V1

Author: Laura Lindsey

Across the state, soybean growth and development is variable, ranging from early vegetative stages to flowering. However, there has been some confusion regarding the identification of the VC and V1 growth stages.

Read more

 

About C.O.R.N. Newsletter

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

 

Contributors:

 

Angela Arnold
Portage and Trumbull Counties

 

Glen Arnold, CCA
Field Specialist, Manure Nutrient Management

 

Mark Badertscher
Hardin County

 

John Barker
Knox County

 

Jordan Beck
Extension Associate

 

Lee Beers, CCA
Trumbull County

 

Amanda Bennett
Miami County

 

Ann Chanon
Lorain County

 

Bruce Clevenger, CCA
Defiance County

 

Rachel Cochran
Extension Associate

 

Trevor Corboy
Greene County

 

Sam Custer
Darke County

 

Wayne Dellinger
Union County

 

Anne Dorrance
State Specialist, Soybean Diseases

 

Amanda Douridas
Champaign County

 

Nick Eckel
Water Quality Associate

 

Mike Estadt
Pickaway County

 

Boden Fisher
Extension Associate

 

Allen Gahler
Sandusky County

 

Mike Gastier, CCA
Huron County

 

Mary Griffith
Madison County

 

Will Hamman
Pike County

 

Jason Hartschuh, CCA
Crawford County

 

Elizabeth Hawkins
Field Specialist, Agronomic Systems

 

Andrew Holden
Ashtabula County

 

Stephanie Karhoff
Williams County

 

Dean Kreager
Licking County

 

Greg LaBarge, CPAg/CCA
Field Specialist, Agronomic Systems

 

Alan Leininger
Program Assistant

 

Laura Lindsey
State Specialist, Soybean and Small Grains

 

Mark Loux
State Specialist, Weed Science

 

David Marrison
Coshocton County

 

Rich Minyo
Research Specialist

 

Brigitte Moneymaker
Extension Associate

 

Gigi Neal
Clermont County

 

Sarah Noggle
Paulding County

 

Tony Nye
Clinton County

 

Les Ober, CCA
Geauga County

 

Pierce Paul
State Specialist, Corn and Wheat Diseases

 

Eric Richer, CCA
Fulton County

 

Matthew Romanko
Extension Associate

 

Garth Ruff
Henry County

 

Matthew Schmerge
Shelby County

 

Clint Schroeder
Allen County

 

Jeff Stachler
Auglaize County

 

Kelley Tilmon
State Specialist, Field Crop Entomology

 

Barry Ward
Program Leader

 

Harold Watters, CPAg/CCA
Field Specialist, Agronomic Systems

 

Aaron Wilson
Byrd Polar & Climate Research Center

 

Ted Wiseman
Perry County

 

Curtis Young, CCA
Van Wert County

 

Chris Zoller
Tuscarawas County

 

The information presented here, along with any trade names used, is supplied with the understanding that no discrimination is intended and no endorsement is made by Ohio State University Extension is implied. Although every attempt is made to produce information that is complete, timely, and accurate, the pesticide user bears responsibility of consulting the pesticide label and adhering to those directions.

CFAES provides research and related educational programs to clientele on a nondiscriminatory basis. For more information, visit cfaesdiversity.osu.edu. For an accessible format of this publication, visit cfaes.osu.edu/accessibility.

Utility Scale Solar Lease Questions?

Do you have questions on oil, natural gas, or utility-scale solar leases or mineral rights in general? If so, you may be interested in the “Leasing Your Land for Shale and Solar” webinars next week (June 23rd-25th.) Speakers include Peggy Kirk Hall, Eric Romich, Clif Little, Dan Lima and Erika Lyon. We will also have representatives from Ohio Department of Natural Resources Division of Oil and Gas Resources and Ohio Farm Bureau available to help answer questions. 2020 Shale and Solar Flyer, and registration can be accessed at go.osu.edu/2020shaleandsolar.

CORN Newsletter

 

June 16 – June 22

 

Editor: Sarah Noggle

 

Ohio Department of Agriculture: dicamba use in Ohio ends June 30, 2020

Author: Peggy Hall

The dicamba roller coaster ride continues today, with a statement issued by the Ohio Department of Agriculture clarifying that the use of XtendiMax, Engenia, and FeXapan dicamba-based products in Ohio will end as of June 30, 2020.  Even though the US EPA has issued an order allowing continued use

Read more

 

Distribution of waterhemp and Palmer amaranth in Ohio

Author: Mark Loux

The maps that accompany this article show our current knowledge of waterhemp and Palmer amaranth distribution in Ohio.  These are based on information from a survey of OSU Extension County Educators, along with information we had from samples submitted, direct contacts, etc.  We still consider an

Read more

 

Changes in status of dicamba product labels for Xtend soybeans – a recap

Author: Mark Loux

On June 3, the US 9th Circuit Court of Appeals issued a decision in a case concerning the use of dicamba on Xtend soybeans.  This decision voided the labels for XtendiMax, Engenia, and FeXapan that allows use on Xtend soybeans.  Tavium was not included in this decision, because it was not approve

Read more

 

True Armyworm Infestations

Authors: Andy Michel, Curtis Young, CCA, Kelley Tilmon

We received many reports of true armyworm infestations in wheat, barley, and corn.

Read more

 

Wheat Harvest Preparation: Grain Bin Edition

Author: Clint Schroeder

The 2020 Ohio wheat harvest is rapidly approaching. Now is the time to prepare for a successful harvest. Before the combine goes to the field, a key component will be to have grain handling and storage facilities adequately sanitized.

Read more

 

About C.O.R.N. Newsletter

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

 

Contributors:

 

Glen Arnold, CCA
Field Specialist, Manure Nutrient Management

 

Mark Badertscher
Hardin County

 

John Barker
Knox County

 

Lee Beers, CCA
Trumbull County

 

Amanda Bennett
Miami County

 

Bruce Clevenger, CCA
Defiance County

 

Rachel Cochran
Extension Associate

 

Steve Culman
State Specialist, Soil Fertility

 

Wayne Dellinger
Union County

 

Anne Dorrance
State Specialist, Soybean Diseases

 

Amanda Douridas
Champaign County

 

Nick Eckel
Water Quality Associate

 

Mike Estadt
Pickaway County

 

Boden Fisher
Extension Associate

 

Mike Gastier, CCA
Huron County

 

Peggy Hall
Field Specialist, Agricultural & Resource Law

 

Will Hamman
Pike County

 

Jason Hartschuh, CCA
Crawford County

 

Jeffory A. Hattey
Professor

 

Elizabeth Hawkins
Field Specialist, Agronomic Systems

 

Stephanie Karhoff
Williams County

 

Dean Kreager
Licking County

 

Greg LaBarge, CPAg/CCA
Field Specialist, Agronomic Systems

 

Alan Leininger
Program Assistant

 

Ed Lentz, CCA
Hancock County

 

Rory Lewandowski, CCA
Wayne County

 

Mark Loux
State Specialist, Weed Science

 

David Marrison
Coshocton County

 

Clifton Martin, CCA
Muskingum County

 

Andy Michel
State Specialist, Entomology

 

Rich Minyo
Research Specialist

 

Brigitte Moneymaker
Extension Associate

 

Gigi Neal
Clermont County

 

Sarah Noggle
Paulding County

 

Les Ober, CCA
Geauga County

 

Pierce Paul
State Specialist, Corn and Wheat Diseases

 

Eric Richer, CCA
Fulton County

 

Dennis Riethman
Mercer County

 

Matthew Romanko
Extension Associate

 

Beth Scheckelhoff
Putnam County

 

Matthew Schmerge
Shelby County

 

Clint Schroeder
Allen County

 

Jeff Stachler
Auglaize County

 

Barry Ward
Program Leader

 

Harold Watters, CPAg/CCA
Field Specialist, Agronomic Systems

 

Hallie Williams
Seneca County

 

Aaron Wilson
Byrd Polar & Climate Research Center

 

Ted Wiseman
Perry County

 

Curtis Young, CCA
Van Wert County

 

Chris Zoller
Tuscarawas County

 

The information presented here, along with any trade names used, is supplied with the understanding that no discrimination is intended and no endorsement is made by Ohio State University Extension is implied. Although every attempt is made to produce information that is complete, timely, and accurate, the pesticide user bears responsibility of consulting the pesticide label and adhering to those directions.

CFAES provides research and related educational programs to clientele on a nondiscriminatory basis. For more information, visit cfaesdiversity.osu.edu. For an accessible format of this publication, visit cfaes.osu.edu/accessibility.

CORN Newsletter

 

June 9 – June 15

 

Editor: Sarah Noggle

 

Dicamba takes another blow: Court of Appeals vacates dicamba registration

Author: Peggy Hall

Dicamba has had its share of legal challenges, and a decision issued yesterday dealt yet another blow when the Ninth Circuit Court of Appeals  vacated the product’s registration with the U.S.

Read more

 

Weather Potpourri: Hot and Tropical – Turning Cooler This Weekend

Author: Aaron Wilson

After a long period of cold spring temperatures, the last couple of weeks have generally been above average by a degree or two in southeast Ohio to more than four degrees above average in north-central and northeast Ohio.

Read more

 

Corn and Soybean Seedling Blights

Author: Anne Dorrance

Low stands or poor development of plants is, unfortunately, a common occurrence for fields that were planted in many regions of Ohio with heavy soil or are poorly drained soil.  Symptoms include skips, missing plants, or dried up and brown seedlings.  There may also be, wilting plants with and ro

Read more

 

Farm Office Live Webinar Slated for Thursday, June 11 at 9:00 a.m.

Author: David Marrison

OSU Extension is pleased to be offering the a “Farm Office Live” session on Thursday morning, June 11 from 9:00 to 10:30 a.m.  Farmers, educators, and ag industry professionals are invited to log-on for the latest updates on the issues impact our farm economy.

Read more

 

Court Ruling on Dicamba Products for Xtend Soybeans

Author: Mark Loux

As most readers are probably aware, last week, the U.S.

Read more

 

Lower First Cutting Hay Yields Being Reported

Author: Mark Sulc

We are hearing reports from forage producers around Ohio that first cutting yields are lower than usual. Forages took a hit from the late freezes and overall cold weather this spring, which arrested or even set back their development.

Read more

 

Time to Start Scouting for Potato Leafhoppers in Alfalfa

Authors: Kelley Tilmon, Mark Sulc, Andy Michel

We are receiving reports of near- or at-threshold levels of potato leafhopper in alfalfa.  As second cut alfalfa grows, farmers should scout for resurging numbers in their fields.  Younger alfalfa is more susceptible to damage at lower leafhopper numbers.

Read more

 

Hay yields off? Don’t panic, there’s time to take action!

Author: Chris Penrose

I hope you do not have the hay season I am having. While the quality of my hay is good, my yields are incredibly disappointing. With over half of my fields made, I am around 50% of the usual crop.

Read more

 

About C.O.R.N. Newsletter

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

 

Contributors:

 

Glen Arnold, CCA
Field Specialist, Manure Nutrient Management

 

Mark Badertscher
Hardin County

 

John Barker
Knox County

 

Jordan Beck
Extension Associate

 

Lee Beers, CCA
Trumbull County

 

Amanda Bennett
Miami County

 

Bruce Clevenger, CCA
Defiance County

 

Trevor Corboy
Greene County

 

Sam Custer
Darke County

 

Wayne Dellinger
Union County

 

Anne Dorrance
State Specialist, Soybean Diseases

 

Amanda Douridas
Champaign County

 

Nick Eckel
Water Quality Associate

 

Mike Estadt
Pickaway County

 

Boden Fisher
Extension Associate

 

Ken Ford
Fayette County

 

Allen Gahler
Sandusky County

 

Mary Griffith
Madison County

 

Will Hamman
Pike County

 

Jason Hartschuh, CCA
Crawford County

 

Jeffory A. Hattey
Professor

 

Elizabeth Hawkins
Field Specialist, Agronomic Systems

 

Andrew Holden
Ashtabula County

 

Stephanie Karhoff
Williams County

 

Dean Kreager
Licking County

 

Greg LaBarge, CPAg/CCA
Field Specialist, Agronomic Systems

 

Alan Leininger
Program Assistant

 

Mark Loux
State Specialist, Weed Science

 

David Marrison
Coshocton County

 

Clifton Martin, CCA
Muskingum County

 

Rich Minyo
Research Specialist

 

Brigitte Moneymaker
Extension Associate

 

Gigi Neal
Clermont County

 

Sarah Noggle
Paulding County

 

Tony Nye
Clinton County

 

Les Ober, CCA
Geauga County

 

Eric Richer, CCA
Fulton County

 

Dennis Riethman
Mercer County

 

Matthew Romanko
Extension Associate

 

Matt Schmerge
Shelby County

 

Clint Schroeder
Allen County

 

Jeff Stachler
Auglaize County

 

Mark Sulc
State Specialist, Forage Production

 

Kelley Tilmon
State Specialist, Field Crop Entomology

 

Barry Ward
Program Leader

 

Harold Watters, CPAg/CCA
Field Specialist, Agronomic Systems

 

Aaron Wilson
Byrd Polar & Climate Research Center

 

Ted Wiseman
Perry County

 

Curtis Young, CCA
Van Wert County

 

Chris Zoller
Tuscarawas County

 

The information presented here, along with any trade names used, is supplied with the understanding that no discrimination is intended and no endorsement is made by Ohio State University Extension is implied. Although every attempt is made to produce information that is complete, timely, and accurate, the pesticide user bears responsibility of consulting the pesticide label and adhering to those directions.

CFAES provides research and related educational programs to clientele on a nondiscriminatory basis. For more information, visit cfaesdiversity.osu.edu. For an accessible format of this publication, visit cfaes.osu.edu/accessibility.

Questions about Dicamba

Farm Office Blog

Dicamba takes another blow: Court of Appeals vacates dicamba registration

Thursday, June 4th, 2020

Written by Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

 

Dicamba has had its share of legal challenges, and a decision issued yesterday dealt yet another blow when the Ninth Circuit Court of Appeals  vacated the product’s registration with the U.S. EPA.  In doing so, the court held that the EPA’s approval of the registration violated the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), which regulates the use of herbicides and other chemicals in the U.S.  Here’s a summary of how the court reached its decision and a few thoughts on the uncertainty that follows the opinion.

The challenge:  EPA’s approval of three dicamba products

We first have to step back to 2016, when the EPA approved three dicamba-based products– Monsanto’s XTendiMax, DuPont’s FeXapan, and BASF’s Engenia–as conditional use pesticides for post-emergent applications in 34 states, including Ohio.  Although dicamba has been around for years, the approval came after the companies reformulated dicamba to make it less volatile and in anticipation of the development of dicamba tolerant soybean and cotton seeds.  The agency conducted a risk assessment and concluded that if used according to the label restrictions, the benefits of the dicamba products outweighed “any remaining minimal risks, if they exist at all.”  The EPA also provided that the registrations would automatically expire if there was a determination of an unacceptable level or frequency of off-site dicamba damage.

Before the conditional registrations were set to automatically expire in late 2018, the EPA approved requests by Bayer CropScience (previously Monsanto), Cortevo (previously DuPont) and BASF to conditionally amend the registrations for an additional two years.  The approval came despite widespread concerns about dicamba drift and damage during the 2017 growing season.  To address those concerns, EPA chose not to conduct a new risk assessment and instead adopted additional label restrictions that had been proposed by Monsanto/Bayer to minimize off-field movement of dicamba.   Many states added restrictions for dicamba use that exceeded the label restrictions, including banning any use of the product during certain periods.

Several organizations challenged the EPA’s dicamba registration approvals.  The National Family Farm Coalition, Center for Food Safety, Center for Biological Diversity, and Pesticide Action Network North America filed suit against the EPA, claiming that the agency violated both FIFRA and the Endangered Species Act in approving the product registrations.  Monsanto requested and was granted permission to intervene in the case.

The Ninth Circuit’s review

To approve the request to amend the dicamba registrations, FIFRA required the EPA to make two conclusions:  first, that the applicant had submitted satisfactory data related to the proposed additional use of the pesticide and second, that the approval would not significantly increase the risk of unreasonable adverse effects on the environment.  The task before the Ninth Circuit Court of Appeals was to review the EPA’s 2018 decision  and determine whether there was substantial evidence to support the EPA’s conclusions and amend the registrations.

The conclusion that drew the most attention from the court was the EPA’s determination that amending the dicamba registrations for two years would not cause unreasonable adverse effects on the environment.  The court determined that the EPA erred in making this conclusion when it substantially understated several risks of dicamba registration, such as:

  • Misjudging by as much as 25% the amount of acreage on which dicamba would be used in 2018.
  • Concluding that complaints to state departments of agriculture could have either under-reported or over-reported the actual amount of dicamba damage, when the record clearly showed that complaints understated the amount of damage.
  • Failing to quantify the amount of damage caused by dicamba, “or even to admit that there was any damage at all,” despite having information that would enable the EPA to do so.

But that’s not all.  The court pointed out that the agency had also “entirely failed to acknowledge other risks, including those it was statutorily required to consider,” such as:

  • The risk of substantial non-compliance with label restrictions, which the court noted became “increasingly restrictive and, correspondingly, more difficult to follow” and to which even conscientious applicators could not consistently adhere.
  • The risk of economic costs.  The court stated that the EPA did not take into account the “virtually certain” economic costs that would result from the anti-competitive effect of continued dicamba registration, citing evidence in the record that growers were compelled to adopt the dicamba products just to avoid the possibility of damage should they use non-dicamba tolerant seed.
  • The social costs of dicamba technology to farming communities.  The court pointed out that a farmer in Arkansas had been shot and killed over dicamba damage, that dicamba had “pitted neighbor against neighbor,” and that the EPA should have identified the severe strain on social relations in farming communities as a clear social cost of the continued registration of the products.

Given the EPA’s understatement of some risks and failure to recognize other risks, the Court of Appeals concluded that substantial evidence did not support the agency’s decision to grant the conditional registration of the dicamba products.  The EPA “failed to perform a proper analysis of the risks and resulting costs of the uses,” determined the court.  The court did not address the Endangered Species Act issue.

What remedy?

A critical point in the decision is the court’s determination of the appropriate remedy for the EPA’s unsupported approval of the dicamba products.  The EPA and Monsanto had asked the court to utilize its ability to “remand without vacatur,” or to send the matter back to the agency for reconsideration.  The remedy of “vacatur,” however, would vacate or void the product registrations.  The court explained that determining whether vacatur is appropriate required the court to weigh several criteria, including:

  • The seriousness of the agency’s errors against the disruptive consequences of an interim change that may itself be changed,
  • The extent to which vacating or leaving the decision in place would risk environmental harm, and
  • Whether the agency would likely be able to offer better reasoning on remand, or whether such fundamental flaws in the agency’s decision make it unlikely that the same rule would be adopted on remand.

The court’s weighing of these criteria led to its conclusion that vacating the registrations of the products was the appropriate remedy due to the “fundamental flaws in the EPA’s analysis.”  Vacating the registrations was not an action taken lightly by the court, however.  The judges acknowledged that the decision could have an adverse impact on growers who have already purchased dicamba products for the current growing season and that growers “have been placed in this situation through no fault of their own.”  Clearly, the court places the blame for such consequences upon the EPA, reiterating the “absence of substantial evidence” for the agency’s decision to register the dicamba products.

What now?

The court raised the issue we’re all wondering about now:  can growers still use the dicamba products they’ve purchased?  Unfortunately, we don’t have an immediate answer to the question, because it depends largely upon how the EPA responds to the ruling.  We do know that:

  • FIFRA § 136a prohibits a person from distributing or selling any pesticide that is not registered.
  • FIFRA § 136d allows the EPA to permit continued sale and use of existing stocks of a pesticide whose registration is suspended or canceled.  The EPA utilized this authority in 2015 after the Ninth Circuit Court of Appeals vacated  the EPA’s registration of sulfoxaflor after determining that the registration was not supported by substantial evidence.  In that case, the EPA allowed continued use of the existing stocks of sulfoxaflor held by end-users provided that the users followed label restrictions.  Whether the agency would find similarly in regards to existing stocks of dicamba is somewhat unlikely given the court’s opinion, but remains to be seen.  The EPA’s 2015 sulfoxaflor cancellation order is here.
  • While the U.S. EPA registers pesticides for use and sale in the U.S., the product must also be registered within a state in order to be sold and used within the state.  The Ohio Department of Agriculture oversees pesticide registrations within Ohio, and also regulates the use of registered pesticides.
  • If the EPA appeals the Ninth Circuit’s decision to the U.S. Supreme Court, the agency would likely include a request for a “stay” that would delay enforcement of the court’s Order.
  • Bayer strongly disagrees with the decision but has paused its sale, distribution and use of XtendiMax while assessing its next step and awaiting EPA direction.  The company states that it will “work quickly to minimize any impact on our customers this season.”  Bayer also notes that it is already working to obtain a new registration for XtendiMax for the 2021 season and beyond, and hopes to obtain the registration by this fall.  See Bayer’s information here.
  • BASF also states that it is awaiting the EPA’s reaction to the decision, and that the company will “use all legal remedies available to challenge this Order.”
  • Corteva is also reviewing its options and has clarified that its Tavium Plus VaporGrip dicamba-based herbicide is not part of the ruling.

For now, all eyes are on the U.S. EPA’s reaction to the Ninth Circuit’s decision, and we also need to hear from the Ohio Department of Agriculture.  Given the current state of uncertainty, it would be wise for growers to wait and see before taking any actions with dicamba products.  We’ll keep you posted on any new legal developments.  Read the court’s decision in National Family Farm Coalition et al v. U.S. EPA here.