Year in Review: 2018 Ag Law Developments

Image of White Fence by Zach Stern via flickr.com

This is not a substitute for legal advice.

With 2018 over and 2019 underway, I want to take a minute to look back at many of the top legal developments impacting agriculture in 2018. Many of these legal developments may seem like repeats from my 2017 update; click here. For those interested embedded above is a join podcast episode I did with Tiffany Lashmet covering the top ag law developments. With those repeated issues, in many cases, we have seen resolutions, and we will probably continue to see litigation further develop with a few problems in 2019. Moving into 2019, we will likely see new issues emerge as a new Farm Bill is implemented and further developments in the international trade area. If you have not already signed up for updates, see the bottom of this post or any post on this site to get email updates sent to you as new content is available. Continue reading

2017 in Review: Legal Developments In Agriculture

 

2017 ag law developments

Image in photo from powerpoint slide developed by FPPT.com

 

With 2017 coming to an end, I want to take a minute to look back at many of the top legal developments impacting Maryland agriculture in the year. Many of these legal developments may seem like repeats from my 2016 update, click here to see. With those repeated issues, we in many cases have seen resolutions in a few, and with others, we will probably continue to see litigation further develop with a few issues in 2018. Moving into 2018, we will probably see new issues develop as we look at a new Farm Bill debate and cycle potentially starting.  You can listen to Tiffany Lashmet and I discuss many of these top legal developments on our joint podcast episode, click here. Continue reading

Arkansas Producers File Class Action Lawsuit Related to Dicamba Drift Damage

 

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Sprayer in field by the United Soybean Board.

2016 and 2017 have seen large numbers of complaints filed of drift damage in the Midwest and South. The drift damage is due to dicamba application on new Monsanto varieties of cotton and soybeans that allow for over-the-top applications of dicamba. I’ve written earlier about a dicamba drift class action lawsuit filed in Missouri, but a recently filed one in the Eastern Federal District of Missouri. The new class action is being brought by a group of Arkansas farmers who planted older varieties of soybean and cotton that was not resistant to dicamba. Continue reading

Pesticide Drift Leads To Class Action Lawsuit

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This post is not legal advice. 

Pesticide drift is a concern of many agricultural producers. This summer producers in the South and Midwest experienced damage to crops due to pesticide drift. Producers adopting new technology from Monsanto caused the pesticide drift. This new technology was Roundup Ready 2 Xtend soybeans and Bollgard II XtendFlex cotton. 2 Xtend products are resistant to dicamba, but not the types of dicamba on the market when Monsanto began marketing Xtend soybeans and cotton. The type of dicamba for Xtend, VaporGrip, is designed to be lower volatility that minimizes drift but was not approved by the EPA till November 2016. Hundreds of producers filed complaints after detecting crop damage due to pesticide drift this past year. Recently, a group of producers in Missouri has filed a class action lawsuit in Missouri against Monsanto seeking more than $5,000,000 in damages due to drift for producers in Alabama, Arkansas, Illinois, Kentucky, Minnesota, Mississippi, Missouri, North Carolina, Tennessee, and Texas. Continue reading