Category Archives: Pesticide Drift

August 4, 2017 Weekly Round Up

And just like that, it’s August!  Where has the summer gone? Here are some of the ag law stories making news this week. * Water war brewing in West Texas.  A rural West Texas landowner wants to drill wells, build a pipeline, and sell water to oil and gas companies some 60 miles away in the Permian Basin.  This is the situation in Van Horn, where a large landowner has sought a permit from the Culberson County Groundwater Conservation District to drill 7 wells on his 140,000 acre… Read More →

July 14, 2017 Weekly Round Up

I hope everyone is staying cool this summer!  Here are some of the ag law stories in the news this week. *Preparing to successfully transition the farm or ranch to the next generation.  For many farm and ranch families, the goal is to keep the farm involved in agriculture and in the hands of the family for generations to come.  This week, I had my friend Shannon Ferrell on the podcast to discuss farm and ranch transition planning.  This is a topic that affects every single farm and… Read More →

July 7, 2017 Weekly Round Up

Amazingly enough, I stayed put here in Amarillo this week catching up on writing and podcast recording here at the office.  Here are some of the ag law stories in the news this week. * Arkansas will ban Dicamba use for 120 days.  Following an increase in the number of pesticide drift involving the application of Dicamba in Arkansas, the Arkansas State Plant Board voted to impose a 120-day ban on the application of the dicamba “Engenia” formation in the state.  In January 2017, Xtendimax dicamba technology was banned… Read More →

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 →