USDA Rolls Out Its Pandemic Assistance for Producers Initiative

By:  Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

USDA Pandemic Assistance Initiative LogoWe’re used to April showers in Ohio, but this year producers can also prepare for a showering of USDA pandemic assistance.  Secretary Vilsack just announced the new “USDA Pandemic Assistance for Producers Initiative,” which will devote $12 billion to deliver financial assistance and programs for agricultural producers affected by COVID-19 market disruptions.  The USDA aims to spread those programs to a wider set of producers than previous COVID-19 programs. Continue reading

It’s in the Science: Court Allows Enlist Duo Registration but Requires Closer Look at Monarch Butterflies

By:  Peggy Kirk Hall

In a decision that turns largely on scientific methodology and reliable data, the Ninth Circuit Court of Appeals yesterday allowed continued registration of the Enlist Duo herbicide developed by Dow AgroScience (Corteva).  Unlike last month’s decision that vacated registrations of three dicamba herbicides, the two-judge majority on the court held that substantial evidence supported the EPA’s decision to register the herbicide.  Even so, the court sent one petition back to the EPA to further consider the impact of Enlist Duo on monarch butterflies in application areas. One dissenting judge would have held that the science used to support the Enlist Duo registration violates the Endangered Species Act. Continue reading

Ohio Department of Agriculture: dicamba use in Ohio ends June 30, 2020

By:  Peggy Hall

The dicamba roller coaster ride continues today, with a statement issued by the Ohio Department of Agriculture clarifying that the use of XtendiMax, Engenia, and FeXapan dicamba-based products in Ohio will end as of June 30, 2020.  Even though the US EPA has issued an order allowing continued use of the products until July 31, 2020, use in Ohio must end on June 30 because the Ohio registrations for the three dicamba-based products expire on that day. Continue reading

US EPA Allows Use of Dicamba Products by July 31, 2020

By:  Peggy Kirk Hall

When we explained in our last blog post the recent Court of Appeals decision that vacated the registration of three dicamba-based products, we mentioned that one possibility for answering the “what happens now” question was for the EPA to issue a cancellation order that would allow end users to use existing stocks of the products.  That’s exactly what happened yesterday, when the US EPA made a final order that cancels the registrations of XtendiMax, Engenia, and FeXapan but allows for movement and use of the products.  Here’s a summary of the agency’s order. Continue reading

Dicamba Takes Another Blow: Court of Appeals Vacates Dicamba Registration

By:  Peggy Kirk Hall

Dicamba has had its share of legal challenges, and a decision issued yesterday dealt yet another blow when the Ninth Circuit Court of Appeals  vacated the product’s registration with the U.S. EPA.  In doing so, the court held that the EPA’s approval of the registration violated the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), which regulates the use of herbicides and other chemicals in the U.S.  Here’s a summary of how the court reached its decision and a few thoughts on the uncertainty that follows the opinion. Continue reading

A Hunting We Will Go: Laws Landowners Need to Know

By:  Peggy Kirk Hall

With archery season in full swing and deer gun season opening today, hunters will be out in full force across Ohio.  That means it’s also high season for questions about hunting laws, trespassers, property harm, and landowner liability.  Below, we provide answers to the top ten frequently asked questions we receive on these topics. Continue reading