The EPA is defending its decision to allow farmers and commercial applicators to use “existing stocks” of three Dicamba products (XtendiMax, Engenia, and FeXapan) even though it recently cancelled the registration of those herbicides. On June 11, 2020, a group of
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Dicamba Confusion
On June 3, 2020, the Ninth Circuit Court of Appeals vacated the EPA registration of three dicamba herbicides: XtendiMax (Bayer), Engenia (BASF) and FeXapan (Corteva). Nat’l Family Farm Coalition et al. v. U.S. EPA, Case No. No. 19-70115 (9th Cir. June
Animal Agriculture and Contract Disruptions
Contracts are being disrupted, cancelled, and breached because of COVID-19 and the economic ripples it has caused throughout the world. No one is exempt from this. For example, I am writing this blog from my cold basement office, where I’ve
COVID19 & Force Majeure in Agricultural Contracts
Many contracts include a provision called “force majeure” (fancy term for “superior force”). Force majeure means unforeseeable circumstances that prevent a party from fulfilling its contractual obligations. This provision is often boilerplate language and rarely the cause of any great
Preparing the Farm for the Novel Coronavirus
The warnings are dire—the novel coronavirus disease 2019 (COVID-19) now poses a significant risk here in the United States. On March 11, 2020, the World Health Organization officially characterized COVID-19 as a pandemic. What can a farm or agricultural
Protecting the Farm With and From Technology
Farm security means protecting the real property and the animals present at a farm. It involves proper animal care, screening and training employees, and physically hardening the farm’s boundaries. Now farm security also requires the use of and defense against
WOTUS Changes….Again
The Trump administration released its new Navigable Waters Protection Rule (NWPR) on January 23, 2020. The NWPR will be published sometime soon in the Federal Register, and then will take effect 60 days later. The NWPR will replace the Obama
Indiana Agriculture Leaders Travel to Asia
I am fortunate to be a member of the AgriInstitute Agricultural Leadership Program (ALP) Class 18. At the end of February, we will travel to South Korea and Laos as the capstone to our two-year leadership program. We have spent
Protect Your Farm Against Undercover Video
The headlines are jarring — livestock farms accused of mistreating the animals entrusted to their care. These headlines are sometimes accompanied by videos (staged or not) that are, quite frankly, difficult to watch. Farms can take certain steps to avoid
Interim Hemp Rule: THC Testing
The USDA released its Interim Final Hemp Production Rule on October 29, 2019. The full 161-page document is available here. The public comment period will open once the regulations are published in the Federal Register. The interim rule