The Ninth U.S. Circuit Court of Appeals in San Francisco has ordered the Environmental Protection Agency to revoke its approval for dicamba, the San Francisco Chronicle reported.

EPA “overstated the protections used by the product’s manufacturers and customers, and understated the resulting environmental and economic damage, when it granted the manufacturers a two year license in October 2018 for a new version of the herbicide to be sprayed on genetically modified soybeans and cotton,” the court said.

Bayer, the successor to Monsanto, one of the producers of dicamba, told DTN/Progressive Farmer, “We strongly disagree with the ruling and are assessing our options. If the ruling stands, we will work quickly to minimize any impact on our customers this season. Our top priority is making sure our customers have the support they need to have a successful season.”

Agriculture Sonny Perdue urged EPA to find a way to allow farmers to use dicamba.

“Producers need all the tools in their toolbox to produce the world’s food, fuel, and fiber, and USDA re-affirms its support for EPA’s science-based process for assessing and managing ecological risks, balanced against the agricultural and societal benefits of crop protection tools,” Perdue said in a statement.

“USDA stands ready to assist its federal partners in meeting that goal. Farmers across America have spent hard earned money on previously allowed crop protection tools. I encourage the EPA to use any available flexibilities to allow the continued use of already purchased dicamba products, which are a critical tool for American farmers to combat weeds resistant to many other herbicides, in fields that are already planted. Unfortunately, the Ninth Circuit has chosen to eliminate one of those tools.”