McCarty et al v. Arkansas State Plant Board et al

60CV-17-6539
November 10, 2017
Final judgment
United States, Arkansas, Pulaski County

Farmers
Michael McCarty, Perry Galloway, Becton Bell, Matt Smith, Greg Hart, Ross Bell,
Arkansas State Plant Board
No description

Civil court
Herbicide, Dicamba, Xtendimax, Fexapan, Engenia
Implementation of a May 25th cutoff date for Dicamba applications; one mile buffer zone between a dicamba application and any crop susceptible of dicamba injury; creation of a special application permit for the growing season use of dicamba in circumstances of severe pigweed infestation.
Circuit Court of Arkansas, Pulaski County, United States

March 30, 2018
Negative
The judge ruled that the 6 farmers can spray Dicamba-based herbicides past the April 15 cutoff date that applies to the rest of the state.
No description

03.31.2018, the judge ruled that the 6 farmers can spray Dicamba-based herbicides that were blamed for hurting millions of acres of U.S. crops last year, past an April 15 cutoff date that applies to the rest of the state. The growers sued the Arkansas State Plant Board last year to nullify the deadline, but the case was dismissed, following a recent Arkansas Supreme Court decision that the state cannot be a defendant in court. However, the farmers were exempt from the rule anyway because the inability to sue violated their due process rights. The state appealed that ruling to the state Supreme Court, which granted a stay of the judge's order. That means the farmers will not be able to use dicamba on Xtend crops until the appeal is decided.