Arkansas Supreme Court: Remove Nine Plant Board members now In the eight-page ruling, justices ruled 6-1 in the case, which involved Michael McCarty, Perry Galloway, Matt Smith, Greg Hart, Ross Bell and Becton Bell v. the Arkansas State Plant Board and Terry Walker, in his official capacity as plant board director. (Source: KAIT-TV) By Region 8 Newsdesk | May 6, 2021 at 5:44 PM CDT - Updated May 6 at 5:44 PM
LITTLE ROCK, Ark. (KAIT) - Saying there was a major separation of powers issue involved, the Arkansas Supreme Court on Thursday reversed a decision by a Pulaski County circuit judge, saying members of the state Plant Board who were unconstitutionally appointed must be removed now.
LITTLE ROCK, Ark. (AP) – Arkansas lawmakers on Thursday approved a June 30 cutoff date for farmers to use the herbicide dicamba on soybeans and cotton.
The vote came hours after the state Supreme Court ordered the removal of half of the regulatory board that set the date.
The Legislative Council’s executive subcommittee approved the Plant Boards rules this year to use the herbicide, which has sparked disputes over complaints that it drifts onto and damages neighboring crops. Farmers had May 25 cutoffs for the 2019 and 2020 growing seasons.
The rules were approved the same day the Supreme Court struck down a law that allowed nine of the 18 Plant Board members to be appointed by industry groups. Justices called it an unconstitutional delegation of legislative power to private entities.
UPDATE: The dicamba battle rolls on with Supreme Court decisions, legislative hearing today
The
Arkansas Supreme Court today delivered two opinions that said the old law governing appointments to the state Plant Board was unconstitutional because it allowed trade groups to pick nine of 18 seats.
The recent legislative session corrected that by passing Act 361 to give appointment power to all seats to the governor, with advice from trade groups in some cases and subject to Senate confirmation. The won’t take effect until 90 days after the close of the session.
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One suit was by a group of individuals challenging a rule on the use of dicamba to control pigweed. But the decision turned on the constitutionality of the board’s membership and the Supreme Court held it unconstitutional, with Justice Karen Baker dissenting. This decision reversed a lower court decision by Circuit Judge Tim Fox. Said the opinion by Justice Barbara Webb:
Arkansas lawmakers approve June 30 cutoff for dicamba Follow Us
Question of the Day
Now that we know the military is investigating Unidentified Aerial Phenomena (UFOs), what do you think they might be?
Question of the Day By - Associated Press - Thursday, May 6, 2021
LITTLE ROCK, Ark. (AP) - Arkansas lawmakers on Thursday approved a June 30 cutoff date for farmers to use the herbicide dicamba on soybeans and cotton.
The vote came hours after the state Supreme Court ordered the removal of half of the regulatory board that set the date.
The Legislative Council’s executive subcommittee approved the Plant Board’s rules this year to use the herbicide, which has sparked disputes over complaints that it drifts onto and damages neighboring crops. Farmers had May 25 cutoffs for the 2019 and 2020 growing seasons.
Wednesday, March 3, 2021.
During the meeting, the board considered a petition for rulemaking seeking changes to the current dicamba
rule, Section XIII (B) of the Arkansas Rules on Pesticide Use, found here. After discussion of the petition, the
board voted to initiate rulemaking and proposed a rule that, if adopted, would allow farmers and applicators to
follow the federal label in the use of dicamba.
The proposed rule would allow the over-the-top spraying of Engenia, Xtendimax, and Tavium through June 30 on soybeans and through July 30 on cotton. The proposed rule will also require a pH buffering agent, also called a Volatility Reducing Agent, to be tank-mixed with dicamba, and will require a downwind buffer of 240 feet.