Category Archives: Dicamba

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

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

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

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

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

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

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

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 →

September 16, 2022 Weekly Round Up

I apologize for missing our last weekly round up post.  We’re back today with lots of agricultural law news from around the country. *Settlement deadline looming in Texas v. New Mexico water lawsuit.  Michael Melloy has given Texas and New Mexico until September 23 to reach a settlement in the ongoing Texas v. New Mexico water lawsuit currently pending at the US Supreme Court.  If the parties fail to meet that deadline, the case is set to go to trial, set in Cedar Rapids, IA, in January.  [Read article… Read More →

August 19, 2022 Weekly Round Up

We’re back again with summaries of some of the ag law stories in the news over the past two weeks. *EPA Report Finds Numerous Risks Related to Dicamba.  The EPA released a draft ecological risk assessment on Wednesday finding that dicamba potentially adversely affects birds, mammals, bees, freshwater fish, aquatic vascular plants, and (of primary concern) non-target terrestrial plants.  The report stated the EPA found no evidence that the new restrictions implemented in 2020 have helped reduce the number of drift complaints. The report indicated that the EPA… Read More →

Court of Appeals Reverses $60 Million Punitive Damage Award for Peach Farmer in Dicamba Trial

The United States Court of Appeals for the Eighth Circuit recently vacated a $60 million punitive damage verdict in a dicamba lawsuit filed by a Missouri peach farmer. Background Dicamba is a herbicide product that kills broadleaf weeds.  Traditional dicamba formulations also kill growing crops, and thus, dicamba was not used as an over-the-top herbicide during the growing season.  That changed, however, when Monsanto developed dicamba-tolerant soybean and cotton seeds.  The seeds, Xtend, were released in 2015.  However, at that time, there was no corresponding dicamba herbicide labeled… Read More →