Arkansas' weed killer ban, blamed by farmers in several states for crop damage, will remain in place after a state judge dismissed a legal challenge by an herbicide maker.
Pulaski County Circuit Judge Chris Piazza dismissed the lawsuit by St. Louis, Missouri-based Monsanto seeking to block the state Plant Board's decision to ban dicamba from April 16 through October 31. Arkansas has the toughest restriction in place on dicamba, though several states have imposed other restrictions or requirements.
Arkansas enacted the ban after receiving nearly 1,000 complaints last year about the weed killer drifting onto fields and damaging crops not resistant to the herbicide. Arkansas is one of several states where farmers have complained about dicamba drifting. Monsanto was also challenging an earlier rule that specifically targeted its brand of dicamba. BASF and DuPont also make dicamba weed killers.
Piazza cited a state Supreme Court ruling last month that said the state legislature can't waive Arkansas' immunity from lawsuits. That ruling has prompted lawyers and judges around to the state to say it amounts to a blanket protection for the state from a wide range of legal challenges.
Piazza cited a state Supreme Court ruling last month that said the state Legislature can't waive Arkansas' immunity from lawsuits. That ruling has prompted lawyers and judges around to the state to say it amounts to a blanket protection for the state from a wide range of legal challenges.
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