Ninth Circuit Court Gets Sulfoxaflor Decision Wrong, NSP Insists on Solutions

Ninth Circuit Court Gets Sulfoxaflor Decision Wrong, NSP Insists on Solutions

The Environmental Protection Agency last week issued a cancellation order for all previously registered Sulfoxaflor products, including Transform. This cancellation order is in response to the Sept. 10, 2015, ruling by the Ninth Circuit Court of Appeals against EPA, which became effective Nov. 12.

Transform was widely used to control sugarcane aphids in sorghum during the 2014 and 2015 growing seasons. More than 10 states received Section 18 emergency use exemption to use Transform, mitigating yield, revenue and acreage loss in thousands of U.S. sorghum acres.

“Transform has been an important tool for sorghum farmers across the nation to combat sugarcane aphids,” said National Sorghum Producers Past Chairman J.B. Stewart, “and as an organization, we will work as hard as we can to ensure the product is available next year through the Section 18 process. NSP also stands ready to support Dow AgroSciences and the EPA in re-registering this essential product.”

“This is an example of an activist court,” Stewart said, “and as an organization, we plan to do our part in pushing back on these nonsensical court decisions that unfortunately are becoming more frequent and to the detriment of farmers and ranchers across the nation. We must go to bat for them and keep tools available as we face stricter regulations and declining prices on the farm during trying and uncertain times.”

“This court is known for making rulings that align with activist organizations at the expense of agriculture,” Stewart said, “and we will continue to fight to keep products available for our producers that help them remain profitable.”


NSP represents U.S. sorghum producers and serves as the voice of the sorghum industry coast to coast through legislative representation, regulatory representation and education. To learn more about NSP, visit