Category Archives: Dicamba

July 24, 2020 Weekly Round Up

We’ve made it to another Friday!  Many of you saw my post on Twitter a couple of weeks ago about how dry we were back at my parents’ ranch.  I’m happy to report they’ve received 3″ of rain in the last week.  You’ll see water standing in the rows in the photo below.   It was a sight for sore eyes, for sure!   * US Court of Appeals for the Ninth Circuit upholds registration for Enlist Duo herbicide.  In a much-anticipated decision, the Ninth Circuit issued an opinion… Read More →

July 3, 2020 Weekly Round Up

Happy Independence Day!  I hope everyone has a safe and enjoyable holiday.  Here are a few of the ag law stories in the news over the past couple of weeks. *Dicamba update.  As you recall from this prior post the United States Court of Appeals for the Ninth Circuit issued an order vacating registrations for three over-the-top dicamba products for soybeans and cotton.  Shortly thereafter, the Environmental Protection Agency issued a cancellation order, which allowed certain existing stocks to be used through July 31.  [Read blog post on… 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 →

February 28, 2020 Weekly Round Up

As usual, there have been a number of ag law stories in the news the past couple of weeks.  Here’s this week’s round up. *USDA delays enforcement of two major portions of hemp Interim Final Rule.  This week, the USDA announced that it will temporarily delay enforcement of two provisions of the Interim Final Rule on hemp production until October 31, 2021 or the publication of the Final Rule, whichever is earlier.  First, the DEA will delay enforcing the requirement that THC testing must be conducted at DEA… Read More →

2018 Ag Law Year in Review

Well, it’s been quite a year for agricultural law!  Looking back, it has been interesting to see the variety of legal issues that have come up in the last 365 days.  From a major class action settlement by Syngenta to new electronic logging device rules to nuisance litigation in North Carolina, there are numerous issues of which agricultural producers should be aware. If you want to hear more about these topics, Paul Goeringer and I did a Year in Review joint podcast.  You can listen here.  {Since we… Read More →

November 30, 2018 Weekly Round Up

I hope you all had a wonderful Thanksgiving!   Welcome to another Ag Law Round Up. This week, I traveled to Victoria, Texas to visit with landowners there about eminent domain and fence law.  Welcome to those of you joining from that program. Here are some of the ag law stories in the news this week. *US Supreme Court rules on Endangered Species Act case.  The US Supreme Court issued a ruling in a case asking whether, in order to be designated as “critical habitat” under the Endangered Species… Read More →

November 2, 2018 Weekly Round Up

Last week, I traveled to beautiful Portland, Oregon for the 39th Annual American Agricultural Law Association Conference.  On Monday, I’ll be sharing some highlights and emerging legal issues we discussed at that event. One quick note before we get into the Round Up.  The blog I posted on Monday discussing legal issues surrounding the death of a ranch hand went viral on social media.  Thanks to those of you who shared and retweeted!  This is clearly an issue you all are interested in, and rightly so.  If you… Read More →

September 14, 2018 Weekly Round Up

As usual, things around here have been crazy.  I apologize for the lack of a Round Up post last Friday, but I spend most of my week on the road.  Last Tuesday, I was in Childless for an Extension wildlife meeting talking about hunting leases.  Then, on Friday I spoke at our Ranchers Leasing Workshop event in Bryan.  Saturday, I was able to speak at the Agricultural Economics Department Tailgate before the Texas A&M University football game.  Then, this Tuesday I made my way to Lubbock to speak… Read More →