Search Results for: pesticide drift liability

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

Posted on by

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

Posted on by

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

Posted on by

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 →

50-State Survey: Liability for Pesticide Drift

Posted on by

Landowners who apply or contract for the application of pesticide may have concern over their potential liability should pesticide drift occur and cause damage to neighboring crops. Generally, lawsuits related to drift sound in negligence. However, there are two additional potential claims that may arise in these cases of which landowners should be aware.  Hannes Zetzsche, a third-year law student at the University of Nebraska, and I recently co-authored an article on liability for pesticide drift.  In particular, the article looks at two important questions and offers the… Read More →

Texas Supreme Court Analyzes Herbicide Drift Case

Posted on by

Last week, the Texas Supreme Court issued an opinion in Helena Chemical Co. v. Cox, a case pitting cotton farmers against an aerial herbicide applicator. [Read opinion here.] Background Plaintiffs grow cotton in Mitchell County, Texas.  They allege that defendant, Helena Chemical Company (“Helena”), supervised aerial application of Sendero, a herbicide primarily used to kill mesquite trees, on the Spade Ranch.  Plaintiffs claim that the Sendero sprayed on the Spade Ranch over several days in 2015 and 2016 drifted and damaged their cotton crops.  They blame this drift for… Read More →

Reviewing Your Liability Insurance Policy

Posted on by

This article was first published in the  Progressive Cattle Magazine.   One of the first steps anyone owning or leasing land should take is securing adequate liability insurance. Liability insurance offers critical protection in the event someone is injured on the insured’s property. Liability insurance offers two key benefits to the insured. First, it provides coverage up to the policy limits that will be paid out in the event a covered claim occurs. Second, it provides a defense to the landowner in the event a covered claim is… Read More →

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

Posted on by

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)

Posted on by

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 →

Past Presentations

Posted on by

If anyone would like a copy of the Power Point slides that I used at the following presentations, just contact me and I will be happy to provide those to you! 2023 West Virginia College of Law Water Law Class – November 14, 2023 – Morgantown, WV (I’ll be virtual) – Texas Water Law (with Jim Bradbury and Amber Miller) American Agricultural Law Association Conference – November 9-11, 2023 – Charlotte, NC – Right to Farm American Agricultural Law Association Conference – November 9-11, 2023 – Charlotte, NC… Read More →

2020 Agricultural Law Year in Review – National

Posted on by

Happy Holidays!  I love doing these year in reviews and look forward to writing them every year.  There was certainly no shortage of ag law news in 2020.  Here is a look at some of the biggest ag law stories from the last 365 days.  On Thursday, Paul Goeringer and I will release a joint podcast recapping some of these issues as well. Dicamba Controversy and Litigation For cotton and soybean farmers, dicamba certainly has to the biggest issue of 2020.  To hear more, listen to this podcast… Read More →