Dicamba still drifts, hurting crops; manufacturer Bayer sues four Missouri farmers for using older versions of it

Soybeans with suspected dicamba damage
(Photo by Darrell Hoemann, Investigate Midwest)

"Bayer is suing four farmers in the Bootheel of Missouri for illegally spraying older versions of dicamba on its genetically-engineered soybeans, as well as doing so after the state's cutoff date for spraying the herbicide," which can drift onto non-engineered crops and damage or kill them, reports Johnathan Hettinger of Investigate Midwest. "Critics say the lawsuits are an attempt by Bayer to blame the older version of the weedkiller for damage caused by the widespread legal use of dicamba on crops. The lawsuits, filed in January in federal court in the Eastern District of Missouri, allege that the farmers are in violation of their user agreements with Bayer and have harmed the company's reputation with the Environmental Protection Agency."

"Millions of acres of farmland and natural areas have been harmed by dicamba moving off of where it was applied since genetically engineered dicamba-tolerant crops were introduced in 2015. Because of the damage, a federal court banned dicamba briefly in 2020. Still, the EPA re-approved dicamba with additional restrictions months later. That approval is currently being challenged," Hettinger notes. "In response to questions from Investigate Midwest, a Bayer spokesman said that the lawsuits help 'protect grower access to the technologies. . . . The vast majority of growers abide by the law and honor their contractual agreements. In these cases, there was clear evidence of irresponsible and illegal use.'"

Hettinger explains, "George Kimbrell, legal director for the Center for Food Safety, a nonprofit that is among those challenging the EPA's 2020 approval of dicamba, said the lawsuits by Bayer are a strategic way to blame factors other than legal use of dicamba for the herbicide's harm to farmers. 'They view this as a way to relitigate responsibility for drift harm,' said Kimbrell, who said that Monsanto, the original creator of dicamba-tolerant crops, has been suing farmers for decades for patent infringement by saving seeds from one harvest and planting them the next year. . . . In 2012, the Center for Food Safety released a report showing that Monsanto had filed at least 142 lawsuits against farmers."

"Volatilization is particularly concerning because dicamba can move for miles and harm non-target crops, especially non-resistant soybeans, or lawns and gardens. . . . . Older versions, which are more likely to volatilize are much cheaper and have been allowed for decades," Hettinger reports. "Bob Hartzler, professor emeritus of weed science at Iowa State University, said he places the onus on the EPA to take the older products off the market. Hartzler told Hettingger, "The higher volatility of these products results in more off-target movement. It seems like it would be a fairly easy fix to take the older products off the market."