As of today, North Dakota farmers can still spray their existing supply of XtendiMax, Engenia or FeXipan. The legal wrangling continues for the use of these dicamba products in the Ninth Circuit Court of Appeals. The plaintiffs are seeking an emergency cease and desist order on the use of the on-farm stocks of dicamba products, but the court has not responded to that request. North Dakota Agriculture Commissioner Doug Goehring is frustrated with this process. “It purely and truly looks like it is activism from the bench; I would suspect it may not bode well for us considering the past behavior of the Ninth Circuit (Court) has been.”This dicamba legal action is happening in the midst of the spraying season. Goehring has visited with numerous attorneys about this issue and is skeptical about that timing of this legal activity. “The majority of them believe that this was done with intent at this time of the year to inflict pain and to make a statement.” The full interview can be heard online.