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Peach farm wins big in dicamba case against Monsanto and BASF

Valentine’s Day was indeed a sweet day for Bader Farms, a peach farm in Missouri that claimed that dicamba products by Monsanto/Bayer and BASF drifted onto its property and injured 20,000 of its peach trees over 700 acres.  A federal jury agreed and awarded the farm $15 million in compensatory damages.  The following day, the jury gave the farm another $250 million in punitive damages against Bayer and BASF, bringing the total award to $265 million.

Is this the final word on WOTUS, or is the rule just being kicked downstream?

There’s always something going on with the waters of the United States (WOTUS) rule.  Last September, we wrote a post about how the 1986/1988 WOTUS rule would replace the 2015 Obama rule until the Trump administration finalized its new rule.  Well, the final rule was just announced by the EPA on January 24, 2020.  So, what does the new rule categorize as “waters of the United States?” Are there any differences between the

Is the third time the charm for Farmer Fair Practice Rules?

A new rule proposed by the USDA Agricultural Marketing Service (AMS) covers a topic that has been up in the air for more than a decade.  The 2008 Farm Bill called on the Secretary of Agriculture to create regulations meant to guide the USDA in determining whether or not a packer, swine contractor, or live poultry dealer gave a person or locality “any undue or unreasonable preference or advantage” when purchasing livestock and meat products.

Ohio Ag Law Blog--A look back: agricultural law in 2019

I often receive quizzical looks when someone asks me what kind of law I practice and I say “agricultural law.”  A common response is “what in the world is that”?   A look back at agricultural law in 2019 provides a pretty good answer to that question.  Our review of major developments in the last year illustrates the diversity of legal issues that make up the world of agricultural law. It’s never dull, that’s certain. 

Here are the highlights of what we saw in agricultural law in 2019:

What’s on our Christmas wish list? More written farmland leases in 2020

Christmas is a good time to make wishes for the peace and well-being of others.  One of our top wishes this year does that:  we hope for all Ohio farmers to have written farmland leases.  It’s an odd wish, we know.  But putting leases in writing can help landowners and farm tenants live in peace, and we like that.

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