State Supreme Court Makes Rulings on Plant Board Dicamba Suits

The Arkansas Supreme Court has issued rulings on two cases filed against the Arkansas State Plant Board related to rules and actions pertaining to the regulation of the use of dicamba in Arkansas. The two suits of concern were brought by Monsanto and by a group of farmers. Parts of both suits were sent back to lower courts for reconsideration of particular claims listed in each suit. The Court did not make a determination of what decision should be reached, but did state that the lower court should make a decision on those matters.

A primary concern of both cases is questioning the constitutionality of the Plant Board due to the way members of the board are selected to serve.

Other appealed cases considered at the Supreme Court that related to the issuance of Temporary Restraining Orders (TROs) allowing use of dicamba beyond the rules of the State Plant Board were dismissed by the Supreme Court as the related rules for dicamba use have expired as have the dates for the TROs, which makes the appeal moot.

More below:

http://www.arkansasonline.com/news/2019/jun/07/monsanto-s-case-revived-by-court-201906/

https://opinions.arcourts.gov/ark/supremecourt/en/item/407764/index.doh

https://opinions.arcourts.gov/ark/supremecourt/en/item/407336/index.do

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