Category Archives: Pesticide Drift

50-State Survey: Liability for Pesticide Drift

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Landowners who apply or contract for the application of pesticide may have concern over their potential liability should pesticide drift occur and cause damage to neighboring crops. Generally, lawsuits related to drift sound in negligence. However, there are two additional potential claims that may arise in these cases of which landowners should be aware.  Hannes Zetzsche, a third-year law student at the University of Nebraska, and I recently co-authored an article on liability for pesticide drift.  In particular, the article looks at two important questions and offers the… Read More →

Missouri Court Holds Crop Dusting Not Inherently Dangerous Activity

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A case out of Missouri, Keller Farms, Inc. v. Stewart,  recently caught my attention as it addressed an interesting question, is crop dusting an “inherently dangerous activity?”  This is an important question as the answer can greatly impact the potential liability of a landowner or producer hiring someone to apply pesticides. Why do we care? Why do we care if a court considers aerial application of pesticide to be “inherently dangerous?”  The reason is that a person is generally not liable for the acts of his or her independent contractor. … Read More →

February 2, 2018 Weekly Round Up

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Welcome to February and Happy Groundhog Day!  This week I had some much-needed time in the office and was able to give an online guest lecture to the Ag Leadership class at Mississippi State University, taught by my friend, Dr. Laura Greenhaw.  Welcome to any new followers from her class! Here are some of the major ag law stories in the news this week. * EPA sets the effective date for 2015 WOTUS rule for 2020.  You may remember this prior post where we discussed the US Supreme… Read More →

Recorded Webinar: Legal Issues Surrounding Pesticide Use

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A couple of months ago, I presented a webinar for the Agricultural and Food Law Consortium on legal issues surrounding pesticide use.  We discussed the difference between state and federal regulatory authority, FIFRA approval, various state law issues, the potential legal actions that may be considered if drift occurs, and I offered some practical tips for both applicators and injured neighbors. Thanks to the National Ag Law Center and the Agricultural and Food Law Consortium for coordinating. To view the webinar, click here. Additionally, Delta Farm Press’ David… Read More →

December 15, 2017 Weekly Round Up

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Happy Friday!  The last couple of weeks I made trips to Tulia and Miami for county extension programs, so welcome to those of you joining the blog.  Here are some of the ag law stories in the news this week. *KUT writes interesting article on wind right severances.  Mose Buchele wrote an interesting article on a new issue of Texas landowners selling property but reserving wind rights.  This is a new phenomenon, which raises interesting legal and practical questions.  [Read article here.] *TCEQ will not appoint watermaster for San Saba… Read More →

December 1, 2017 Weekly Round Up

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Welcome to December!  To those of you joining us for the first time from the Amarillo Farm and Ranch Show, welcome!  Here are some of the ag law stories in the news this week. * EPA delays emissions reporting until January 22.  As we reported two weeks ago, the deadline for agricultural operations to report emissions of ammonia and hydrogen sulfide if over 100 pounds in a 24 hour period had been November 15.  On the eve of that deadline, the EPA announced it would not require reporting… Read More →

November 24, 2017 Weekly Round Up

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Hope you all enjoyed a wonderful Thanksgiving holiday.  Here are some ag law stories in the news this week that might be good fodder for discussions with the visiting relatives (or not.) *EPA proposes 2-year delay of 2015 WOTUS rule.  The EPA and Corps of Engineers have proposed a rule that would delay implementation of the 2015 WOTUS rule for two years.  Currently, the 2015 rule is stayed by the United States Court of Appeals for the Sixth Circuit and the EPA is currently working through the required process… Read More →

Dicamba Update (Part II)

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If you missed Part I in this series, click here. Lawsuits Begin Rolling In A number of lawsuits have been filed across the country related to these issues.  Several cases involve claims by farmers against Monsanto, BASF, and/or DuPont alleging that Monsanto violated the law by releasing their genetically modified seeds without an accompanying herbicide and that the companies should have reasonably foreseen that seed purchasers would illegally apply off-label, older dicamba formulations, resulting in drift damage.  Others claim that the new herbicide products are unreasonably dangerous and… Read More →

Dicamba Update (Part I)

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Dicamba will likely go down as the biggest agricultural issue in 2017.  This post will discuss some background information and then address several recent developments regarding the herbicide dicamba. Background The herbicide dicamba has been in use since the 1960’s.  In 2012, it was the 5th most used herbicide worldwide.  The chemical, marketed under names including Clarity and Banvel, kills broadleaf weeds. Things changed in the last few years when several agricultural businesses sought to alleviate concerns with weeds that had become resistant to the common herbicide glyphosate… Read More →

October 27, 2017 Ag Law Round Up

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Hello from beautiful  Louisville, Kentucky and the American Agricultural Law Association Annual Symposium.  It’s been a great week of catching up with old friends, meeting new folks, and hearing all about current ag law issues.  If you’re a law student or an attorney interested in the world of agricultural law, AALA’s symposium is a must! Meanwhile, here are some of the ag law stories in the news recently. *EPA makes changes to labels for popular new Dicamba herbicides for 2018 crop year.  On the heels of significant complaints… Read More →