Monthly Archives: June 2020

So Many New Opinions!

Over the last month, there have been a large number of agricultural-related opinions released here in Texas.  I plan to blog on each of these individually, but many of you have asked for some basic information about several of the opinions.  Today, I will be giving brief summaries of the cases and links to read the full opinions for those of you who may be interested in doing so.  Stay tuned over the next couple of months to see much deeper dives into the decisions in each of… Read More →

June 12, 2020 Weekly Round Up

It has been a crazy couple of weeks in the ag law realm!  Here is a quick recap of some of the major stories. * Dicamba, of course.  This has been the story for agriculture over the past two weeks.  As we discussed in this blog post, the US Court of Appeals for the Ninth Circuit vacated the federal registration for three products, Xtendimax, FeXapan, and Engenia.  Then, a few days later, as we discussed in this blog post, the EPA issued a Final Cancellation Order, which did… Read More →

EPA Issues Cancellation Order for 3 Dicamba Products; Limited Existing Stocks Provision Included

On Monday, June 8, 2020, the Environmental Protection Agency (EPA) issued its final cancellation order for three dicamba products:  Xtendimax with Vaporgrip Technology, Engenia, and FeXapan.  [Read EPA Final Cancellation Order here.] The EPA Order stems from the Ninth Circuit Court of Appeals decision last week vacating the federal label for these products, finding that in registering them, EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act.  [Read prior blog post here.]   Summary of the EPA Order The EPA Order provides the following: “Any distribution, sale, or… Read More →

US Court of Appeals for the Ninth Circuit Vacates Dicamba Registration

*Updated on 6/8/2020 at 10 am* On Wednesday, June 3, the United States Court of Appeals for the Ninth Circuit issued a ruling vacating the federal registration for three dicamba herbicide products, Xtendimax, FeXapan, and Engenia.  [Read full opinion here.]  This ruling could have major implications for farmers around the country who purchased and planted seed intending to apply these products.   Factual Background In response to glyphosate resistant weeds, Monsanto developed and patented new seed varieties for cotton and soybeans that were designed to tolerate the herbicide… Read More →

Recent Podcast Appearances

I’ve recently been a guest on a number of great podcasts, so I wanted to share those with you in case they might be of interest. Andrew & Andrew on Criminal Defense “Cultivating Under the Law” I joined  Andrew & Andrew to chat about the potential intersection between ag law and criminal law when it comes to hemp.  It was was a fun conversation and I enjoyed their perspective on hemp as criminal defense attorneys! TSCRA Talks  “Estate Planning in Five Steps“ Back in March, I joined Kristen Brown… Read More →