Category Archives: Dicamba

June 11, 2021 Weekly Round Up

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If you expected it to be a quiet summer for agricultural law, you were sorely mistaken!  If the rest of the summer is anything like the first couple of weeks, we’re in for a lot of action.  Here are a few of the ag law stories recently in the news.   * Governor Abbott signs HB 365, modifying the Texas Farm Animal Liability Act.  We’ve discussed this bill previously while it was in committee, but Governor Abbot has now signed the FALA amendment passed by the legislature.  This… Read More →

March 26, 2021 Weekly Round Up

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Happy Friday!  Here a few of the ag law stories in the news the past couple of weeks. *Maryland trial court ruling on ammonia emissions and the Clean Water Act draws concern.  A recent case decided in Maryland has resulted in nationwide discussion over agriculture and the intersection of the Clean Air and Clean Water Act.  Essentially, the circuit court judge ruled that Maryland must regulate air pollution–ammonia, in particular–under the state’s implementation of the federal Clean Water Act.  This raises concern for livestock producers, who are exempt… Read More →

February 26, 2021 Weekly Round Up

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Hello friends!  It’s been a wild couple of weeks here in Texas.  I appreciate all of you who reached out to check on my family and offer support during the crazy weather last week.  I am happy to report we all survived and were very happy to see the 60 degree temperatures this week!  Shelley Huguley compiled photos from producers around Texas showing the extent of the storm damage and it’s really heartbreaking to see the scope of damage to various agricultural producers.  To view her photos, click… Read More →

February 12, 2021 Weekly Round Up

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Happy Friday!  It seems like the entire state of Texas is preparing for winter weather this weekend.  I hope you all stay safe and warm.  I want to welcome those of you joining from my recent programs in El Campo and Robstown.  We’re glad you are here! Here are some of the ag law stories in the news the past couple of weeks. *Claims period open for soybean farmers who were injured by dicamba drift in 2015-2020.  Soybean farmers around the country may be eligible to make a… Read More →

January 15, 2021 Weekly Round Up

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Happy 2021, friends!  We hope you all had a happy, healthy holiday and we are excited to be back for our first Weekly Round Up of the year.  Here are some of the major agricultural law stories in the news over the past couple of weeks. * Lawsuit filed seeking to overturn recent dicamba registration.  On December 22, several environmental groups filed suit against the US Environmental Protection Agency challenging the recent approval of the use of over-the-top dicamba products through 2025. Specifically, the lawsuit claims that the… Read More →

2020 Agricultural Law Year in Review – Texas

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If you missed our National Year in Review post, click here.  I am not sure I can remember a year with more agricultural law-related opinions being issued by Texas appellate courts. From fence law to eminent domain, hemp to liability, here are some of the biggest legal stories of 2020 from the Lone Star State.   Dicamba Registration Vacated, New Registration Issued, Lawsuit Filed Although this is a national issue, and we addressed it in more detail on our National Year in Review post, because it had such… Read More →

2020 Agricultural Law Year in Review – National

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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 →

November 20, 2020 Weekly Round Up

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Happy Friday and Happy Thanksgiving to you all next week.  Here are a few of the ag law stories in the news over the past couple of weeks.  As you will see, there has been lots going on! *Appellate court affirms liability for compensatory and punitive damages in NC hog farm nuisance cases; Smithfield announces settlement.  Major developments happened at the end of this week in the nuisance lawsuits in North Carolina filed against Smithfield subsidiary, Murphy Brown.  First, the US Court of Appeals for the Fourth Circuit issued… Read More →

EPA Approves Dicamba Pesticides Through 2025; Additional Restrictions Imposed

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The Environmental Protection Agency (“EPA”) has announced its decision to approve three dicamba-based herbicides for over the top use of cotton and soybeans for 2021-2025.  This approval applies to Bayer’s XtendiMax, BASF’s Engenia, and Syngenta’s Tavium.  Note that Corteva’s FeXapan was not included in this registration application, meaning that at least at this point, it remains unapproved for use until a registration has been issued. Background In 2015, Bayer released new dicamba-resistant soybean and cotton seeds, called Xtend. In 2016, the Environmental Protection Agency (EPA) granted conditional, two-year… Read More →

November 6, 2020 Weekly Round Up

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Happy Friday!  I apologize for being silent the past couple of weeks.  Things have been crazy here between work and the ice/snow storm that knocked my power out for about three days.  I am back in the saddle now and will be rolling on getting back to my weekly blogging. Here are some of the ag law stories in the news over the past couple of weeks. * EPA approves Dicamba formulations through 2025 with additional restrictions.  After the registration for three over-the-top dicamba products was revoked last… Read More →