Category Archives: Dicamba

August 2, 2024 Weekly Round Up

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It has been a fast and furious summer here, and we have fallen behind on our bi-weekly round ups.  We are here today to help get you caught up on the biggest ag law news around the country! *Court rules Massachusetts’ Question 3 is not preempted by Federal Meat Inspection Act.  A Massachusetts federal court recently ruled that Massachusetts’ Question 3, a ballot initiative banning the sale of pork that is not raised in accordance with certain practices, is not preempted by the Federal Meat Inspection Act as… Read More →

May 24, 2024 Weekly Round Up

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We have made it to another Friday and the start of summer for many!  There are a number of important agricultural law stories in the news. * House Committee on Agriculture releases Farm Bill Draft.  The House Committee on Agriculture, led by Chairman GT Thompson released its draft of the Farm, Food, and National Security Act of 2024 last week.  Last night, the bill passed out of committee on a bipartisan vote 33-21.  To read the text of the bill, click here.  To read a summary of the House… Read More →

March 29, 2024 Weekly Round Up

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We’ve made it through another week and have another long list of ag law news from around the country! *Avian influenza found in dairy cows in Texas and Kansas and goat in Minnesota.  State agencies announced this week that a disease found in some dairy cows in Texas and Kansas was identified as highly pathogenic avian influenza (HPAI).  A goat in Minnesota on a farm where chickens had the virus also recently tested positive as well.  The USDA believes the source of HPAI at the dairies is migratory… Read More →

Court Vacates Over-The-Top Dicamba Registration; EPA Issues Existing Stocks Order

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In a situation reminiscent of 2020, an Arizona federal court has vacated the registration of three over-the-top dicamba products, XtendiMax, Enginia, and Tavium (the Products).  See Center for Biological Diversity v. U.S. Envt’l Agency, No. 4:20-cv-00555 (D. Ariz. Feb. 6, 2024).   The Environmental Protection Agency (EPA) has issued an existing stocks order allowing for some limited uses in specific circumstances for the 2024 growing season. Background Dicamba is a herbicide used to kill broadleaf plants that has been on the market for over 50 years.  Dicamba is… Read More →

February 16, 2024 Weekly Round Up

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There has been no shortage of agricultural law news in the last two weeks!  Here are some of the biggest stories from around the country. *Court revokes over-the-top dicamba registration; EPA issues existing stocks order.  In a situation similar to what cotton and soybean growers faced in 2020, a federal court has revoked the FIFRA registration for three dicamba products, XtendiMax, Enginia, and Tavium.  [Read Order here.]  On Wednesday, the EPA issued an existing stocks order which will allow “existing stocks” that were in the United States and… Read More →

July 28, 2023 Weekly Round Up

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We’ve reached the end of July!  Here are some of the ag law stories in the news. *Court rules that challenge to EPA dicamba registration brought by farm groups belongs in district court.  The US Court of Appeals for the District of Columbia recently ruled that a lawsuit filed by the American Soybean Association against the EPA should have been filed in the district court (trial level court) rather than at the court of appeals level.  Because of this, the court dismissed the case for lack of jurisdiction…. Read More →

June 9, 2023 Weekly Round Up

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Happy June!  We’ve got plenty of ag law news to kick off the summer. *US Supreme Court rules for landowner in Sackett v. EPA, abandons “significant nexus test” for WOTUS.  I’ll have a lengthy blog post about this decision on Monday, but meanwhile, you can read a Q&A interview I did with Progressive Cattle about the decision and what it means for agriculture here. You can also listen to me and two of the best water law professors in the country break it down on my Ag Law in… Read More →

2022 Ag Law Year in Review – Texas

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Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state.  If you missed our review of the biggest ag law stories on the national level, click here.   High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

December 16, 2022 Weekly Round Up

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We are here with our final round up of 2022.  It has been a busy year.  If you missed our National Year in Review blog post, click here. If you prefer audio, you can check out my podcast episode with Paul Goeringer here.  Be sure to check back on Monday for our Texas Year in Review post as well. Here are a few of the ag law stories in the news. Oral argument held in dicamba case before D.C. Court of Appeals.  Oral argument was held this week in… Read More →

Texas Court of Appeals Grants Motion to Change Venue in Grape Growers Dicamba Lawsuit

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A Beaumont Court of Appeals decision in Timmons v. Monsanto will result in a lawsuit filed by Texas grape growers against Bayer, BASF, and Monsanto for alleged damage from dicamba drift being moved from Jefferson County to counties where the plaintiffs’ vineyards are located.  Factual Background In June of 2021, fifty-seven Texas grape growers and four grape processors filed suit against Bayer Crop Science, Monsanto, and BASF in state court in Jefferson County, Texas. [Read Complaint here.]  The lawsuit was related to alleged drift damage caused by the dicamba… Read More →