Category Archives: Pesticide Drift

Questions from Tiffany’s Desk: What can I do to stop my neighbor from spraying my property?

Question:  What can I do to stop my neighbor or a crop duster from spraying my property? Answer:  Unfortunately, applications of various pesticides can result in drift and damage neighboring property owners.  In the event this happens, it is important for a neighbor to know what steps may be available to remedy the situation. First and foremost, the neighbor who is suffering drift should document any evidence, including taking photographs or samples of damaged crops or foliage, documenting wind speed, direction, temperature, and getting statements from any witnesses… Read More →

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part II)

If you missed Part I of this series, click here. Whether you intend to plant Enlist Duo or XtendFlex cotton or soybeans or not, the issue of physical drift is important to all of us involved in agriculture.  For producers who do elect to utilize these crop systems, it is critical to ensure that applications are made with the utmost care to avoid any drift or inadvertent application issues.  For neighboring landowners who are not planting the new seeds, understanding their rights is also important. For Both producers… Read More →

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part I)

You’ve probably seen a lot of talk about Dicamba and 2,4-D in the news lately, particularly if you’re involved in agriculture.  I’ve gotten some questions recently about what’s going on with these herbicides and why this is such a major issue now.  This two-part series will provide an overview of the need for new herbicide options, the new cotton and soybean traits that have been developed, some concerns and drift issues that have arisen, and what producers can do to protect themselves. The Need for New Herbicide Options… Read More →

Appellate Court Finds Local Hawaii Pesticide Law Pre-Empted

The United States Court of Appeals for the Ninth Circuit recently found that a local law passed by the County of Kauai attempting to regulate pesticide use and genetically modified crops is pre-empted by state law.  [Read the full-opinion-here.] Factual Background Numerous seed companies plant and test genetically modified crops, such as corn, soybeans, and rice in Hawaii.  They spray a variety of pesticides–including insecticides, herbicides, and fungicides–on the crops. In 2013, the County of Kauai passed Ordinance 960, aimed at regulating the application of pesticides.  Specifically, the Ordinance requires… Read More →

Pesticide Drift Liability (Part 3): Practical Advice for Farmers & Ranchers Using Pesticides

Today we will conclude our three part series on pesticide drift liability.  In case you missed them, Part 1 focused on potential legal claims that could be made against a landowner and Part 2 looked at whether a landowner could be liable for the acts of an independent contractor.  This post will wrap things up with some practical advice for those landowners who spray pesticides as part of their farming or ranching practices. Use common sense when spraying. Using simple common sense can avoid numerous issues when it… Read More →

Pesticide Drift Liability (Part 2): Landowner Liability for Independent Contractor

In Part 1 of this series, we focused on potential legal claims that could be brought against a landowner if spray drift occurred.  An important related question exists for any farmer or rancher who uses independent contractors, like an aerial applicator for example, to apply the pesticides.  Can the landowner be liable for the acts of his independent contractor?  This is a critical question that has not yet been answered by the Texas Supreme Court.   What is an independent contractor? The starting place for any discussion of… Read More →

Pesticide Drift Liability (Part 1): Potential Legal Theories

This time of year, questions pop up regarding the potential liability when pesticides drift onto another’s property.  For the next couple of weeks, we will look at various issues regarding spray drift liability.  This series will focus only on civil claims brought between landowners, but it is important to note  the Texas Department of Agriculture enforces rules regarding spraying and can bring administrative action against persons who fail to comply with these regulations.  Producers should always ensure they follow the label instructions and TDA regulations when spraying any pesticide…. Read More →

January 29, 2016 Weekly Round Up

Happy Friday!  Last week I made the drive to Muncy, Texas for the Caprock Crops Production Conference to chat about hot topics in agricultural law.  There was a great turn out and excellent questions, which always makes a presentation more fun.  Kudos to county extension agents Caitlyn Jackson and Cristen Brooks on a great conference.  To those of you joining the blog, welcome! Here are some ag law stories in the news this week. * Texas database to identify entities with eminent domain power.  Last term, the Texas… Read More →

December 4, 2016 Weekly Round Up

I have enjoyed being back on the road for several programs over the last couple of weeks.  I enjoyed the chance to speak at the New Mexico Farm and Livestock Bureau meeting in Albuquerque, discussing undercover video investigations.  Next, I sat on a panel at the Amarillo Farm and Ranch Show and fielded questions about laws related to prescribed burning and drone use.  Finally, yesterday I was in Wichita Falls presenting on grazing leases at the Cattle Trails Cow-Calf Conference.  Welcome to those of you who are new… Read More →

July 31, 2015 Weekly Round Up

*Don’t forget to nominate the Texas Agriculture Law Blog as one of the Top 100 Legal Blogs, click here.* The summer sure seems to be flying by and here we are at the end of July!  Here are a few ag law stories in the news this week. * Investigation into whether Big Bend Pipeline Should Face Federal Regulation.  You may remember from this prior blog that a pipeline is proposed to transport natural gas between the Permian Basin and Mexico, through Big Bend.  This week, the Federal… Read More →