Delta Farm Press Logo

An extended temporary restraining order creates problems for Arkansas farmers at critical time in crop management.

Brent Murphree, Content Director

May 26, 2021

3 Min Read
DSC_1304.JPG
"A separate set of rules at this stage of a growing season creates a multitude of burdens for farmers and the industry at large," said George King, president of the Agricultural Council of Arkansas.Brent Murphree

A temporary restraining order has essentially tied growers' hands once again regarding use of dicamba in Arkansas at a critical time.

On May 24, Pulaski County Circuit Judge Chip Welch extended a temporary restraining order (TRO) against the Arkansas State Plant Board's 2021 emergency rule. The emergency rule made June 30 the last day for dicamba use on registered Arkansas crops. The extension of the restraining order was made at the request of plaintiffs who objected to the extended use period in the emergency rule.

The restraining order delays the implementation of the rule through June 10, which has halted growers' ability to use dicamba as of May 25. May 25 was the date the plant board had adopted in their rules for the 2020 crop year.

Agricultural Council of Arkansas President John King III of Helena, Ark., said that the decision by Arkansas Courts to issue a TRO to immediately overturn the emergency rule approved by the Plant Board under a 9-5 vote creates many problems for Arkansas farmers who have suddenly seen the rules changed at an absolutely critical time in managing crops in the ground. 

"While we don’t always fully agree with the rules established by the State Plant Board," King said. "We believe they are best suited to establish rules for Arkansas agriculture given their mission, their extensive knowledge, and the lengthy reviews of a complex set of information and scientific data."

He noted that having a court, after a brief review of the situation, establish a separate set of rules at this stage of a growing season creates a multitude of burdens for farmers and the industry at large. 

"The court’s decision effectively changes the rules when Arkansas farmers are definitely at a point of no return with seed and chemical purchases completed and most of the 2021 crop planted," he said. "Many farmers are frustrated and angered by this decision as it carries significant consequences, especially for those in areas with the greatest threat of invasive weeds."

Rules in place

In addition to the cut off use date of May 25 for dicamba use the following rules are also now in place because of the TRO:

  • A one-mile buffer in all directions must be maintained between the fields where dicamba is applied and research stations operated by the University of Arkansas System Division of Agriculture.

  • A one-mile buffer in all directions must be maintained in all directions between the fields where dicamba is applied and fields where certified organic crops and commercially grown specialty crops (defined as at least 1,000 plants or average annual sales of $25,000 for three years) are grown.

  • A half-mile buffer must be maintained in all directions between fields where dicamba is applied and fields where soybeans and cotton that are not genetically engineered to resist dicamba are grown.

According to a release from the Arkansas Department of Agriculture, the temporary restraining order was entered in response to a request for a preliminary injunction by the plaintiffs in the lawsuit, Glenn Hooks et al v. Arkansas State Plant Board, that challenges the implementation of the 2021 amendments to the dicamba rule.

Another lawsuit, OMP Farms et al v. Arkansas State Plant Board, also challenges the implementation of the dicamba rule amendments and has been assigned to the 6th Division of the Pulaski County Circuit Court. The 6th Division held a hearing on May 25, 2021, but took no action.

About the Author(s)

Subscribe to receive top agriculture news
Be informed daily with these free e-newsletters

You May Also Like