Delaware growers allowed to use up existing dicamba stock

DOVER, Del. (June 9, 2020) – Following the Ninth Circuit Court of Appeals’ decision to vacate three dicamba registrations, the United States Environmental Protection Agency (EPA) has issued guidance that will allow Delaware growers to used existing stocks of the three dicamba products affected.

“While we are disappointed with the Court’s decision in vacating these product registrations, we are grateful that EPA has announced that growers and pesticide applicators will be able to use these dicamba products through July 31,” said Delaware Secretary of Agriculture Michael T. Scuse. “As long as environmental conditions are favorable, this timeframe should allow growers to spray their crops to combat weeds like pigweed, palmar amaranth, and other glyphosate-resistant weeds so they don’t see a reduction in crop yield.”

EPA has since announced the issuance of the final cancellation order for three pesticide products containing the active ingredient dicamba pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA):

  • Xtendimax with Vaporgrip Technology, EPA Reg. No. 524-6 17
  • Engenia, EPA Reg. No. 7969-345
  • FeXapan, EPA Reg. No. 352-9 13

Commercial and private pesticide applicators who were in possession of these products as of June 3 when the Court’s decision was announced, may continue to use these products until July 31. Distribution or sale of the product is prohibited except for ensuring proper disposal or when returning the product to the registrant.

Dicamba is primarily used on soybean crops in Delaware but is also labeled for use in cotton production.

Pesticide applicators who have more questions can review the EPA cancellation order, They should reach out to their chemical sales representatives for information regarding disposal or returning any remaining product. Applicators should continue to follow all label instructions when applying dicamba products.


Media Contact: Stacey Hofmann, (302) 698-4542,

Governor Carney’s Statement on EPA’s Replacement of Clean Power Plan

Governor John Carney released the following statement after the U.S. Environmental Protection Agency’s announced its decision to replace the Clean Power Plan with the Affordable Clean Energy Rule:

“I’m disappointed in the U.S. Environmental Protection Agency’s decision to replace the Clean Power Plan with the Affordable Clean Energy (ACE) Rule, which removes a strong incentive for states and the Federal government to work together to protect and improve air quality.

“Delaware citizens and our economy will be negatively affected by the ACE Rule. Rising average temperatures and prolonged heat waves pose critical health risks to Delaware farmers, outdoor workers, children, and the elderly. Changing climate conditions will increase local levels of particulate matter and ground-level ozone, which increase the risk our residents face of premature death and chronic heart and lung problems, and many of these pollutants are transported from states to the west of us. These threats will only increase if we do not take a stance as a nation and a global community to reduce the human emissions of greenhouse gases that feed rapid climate change.

“We must reduce greenhouse gas emissions to address climate change and the dangers it poses to all of us.”


Dicamba applicators urged to check Pesticide Use Limitation Areas before spraying

DOVER, Del. – The Delaware Department of Agriculture is urging all pesticide applicators that plan to use dicamba this growing season to check the U.S. Environmental Protection Agency’s (EPA) online Bulletins Live! Two system on a monthly basis before spraying. This new online system allows agriculture and other pesticide users to easily determine where pesticide use limitation areas (PULA) exist due to the protection of endangered species.

“I would encourage farmers and other pesticide applicators to print a copy of the bulletin and carry it with them during the application. In case they get questioned, this verifies that they have checked the website before the application,” said Christopher Wade, DDA Pesticides Section Administrator. “Since the bulletin and the corresponding maps are only valid for a month, applicators need to complete this process every month.”

Currently, Sussex County is the only county in Delaware with Dicamba Pesticide Use Limitation Areas. The online system provides a more detailed view of where the PULA is located compared to receiving a county level impact that is not truly county-wide.

To make it easy to find, the Delaware Department of Agriculture has linked the Bulletins Live! Two online system to their webpage at Users will need to enter in their address into the search bar and if there is an effective PULA identified it will be displayed in a pink color. Clicking on the PULAs will reveal a summary of the products, codes, and limitations required.

Dicamba is an herbicide that can be applied to the leaves or soil to control annual and broadleaf weeds in grain crops and pastures. If the pesticide label directs the applicator to the online Bulletins Live! Two system, then the applicator is required to follow the pesticide use limitation(s) found in the Bulletin for the intended application area, pesticide active ingredient or product, and application month.


Media Contact: Stacey Hofmann, (302) 698-4542,

DNREC asks Federal Court to review EPA’s denial of Delaware’s Clean Air Act Section 126 “good neighbor” petitions on cross-state air pollution

The logo for the Department of Natural Resources and Environmental ControlDOVER – Delaware’s Department of Natural Resources and Environmental Control has filed a petition for review in the District of Columbia Circuit Court of Appeals seeking review of the US Environmental Protection Agency’s denial of Delaware’s and Maryland’s Clean Air Act Section 126(b) “good neighbor” petitions. Delaware’s Section 126 petitions seek to reduce the amount of air pollution generated elsewhere that crosses into Delaware.

“EPA was unfairly dismissive of our Section 126 petitions, and we are now seeking a court order requiring EPA to reconsider our petitions that we feel, if acted upon, will help reduce the amount of air pollution that crosses our borders from neighboring states,” said DNREC Secretary Shawn M. Garvin. “Both the public health of our citizens and Delaware’s economy are at stake.”

Delaware’s petition for review, filed Nov. 5, was consolidated by the DC Circuit Court with petitions filed by Maryland and environmental groups that also seek review of EPA’s decision to deny Delaware’s and Maryland’s Section 126(b) petitions earlier this year. The DC Circuit Court is now asked to rule on whether EPA followed proper procedures in reaching its decision to deny the Section 126(b) petitions and whether the evidence of record supports EPA’s denial. The court’s decision is expected sometime next year.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 309


AG Denn Joins Coalition In Fight Against EPA’s “Unlawful” Proposed Replacement For Clean Power Plan

Delaware Attorney General Matt Denn, along with a group of 26 states, counties, and cities, has formally objected on behalf of Delaware to the Environmental Protection Agency’s plan to reverse the country’s Clean Power Plan. The Clean Power Plan, put in place by the EPA under President Obama, is the first nationwide limit on climate change pollution from existing fossil-fueled power plans.

The Clean Power Plan is the culmination of a decade-long effort by partnering states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel-burning power plants under the Clean Air Act. In its comments (found at, the coalition of states and municipalities stresses the overwhelming scientific evidence of human-induced climate change and its increasing impacts, and the corresponding need for the EPA to perform its duty under the Clean Air Act to set nationwide limits on power plant emissions of climate change pollution.

“The replacement rule proposed by President Trump’s EPA turns its back on the success of Delaware and other states in reducing carbon pollution from power plants, and instead will uncork the power plants’ smokestacks and let them put more pollution in our air,” Attorney General Denn said. “Plus, the proposed rule contains factual inaccuracies, analytical errors, and legal flaws, and as a result would be unlawful if adopted.”

The EPA’s own analysis predicts that, compared to the Clean Power Plan, the so-called “Affordable Clean Energy” Rule could result in over 60 million tons more climate change pollution.

The comments were spearheaded by the attorney general of New York submitted on behalf of the attorneys general from Delaware California, Connecticut, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota (by and through its Minnesota Pollution Control Agency), New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, as well as the cities of Boulder (CO), Chicago, Los Angeles, New York, Philadelphia, and South Miami (FL), and Broward County (FL).