Nicholas Brown, an editor for Farm Law & Tax, recently gave a presentation at Prof. Ellen Murphy's Food, Agriculture, and Environmental Law course at Wake Forest Law School in Winston-Salem, North Carolina on February 18. Brown presented information concerning dicamba drift - how it happens, methods of recovery, and relevant policy proposals and areas of potential future research. Access those slides here.
In this presentation, Nicholas provided pertinent background information, both legal and agriscientific, that is necessary to understanding the many moving pieces involved in dicamba drift. The students learned about the Federal Inseciticide, Fungicide, and Rodenticide Act (FIFRA), specifically with respect to the cost-benefit analysis performed during a pesticide's registration. The students also learned about the importance of an applicator adhering to a pesticide label and maintaining their own records.
With this legal background being established, the students then learned about herbicide-tolerant crops and how herbicide-tolerant crops fit into the broader agricultural industry which contains other genetically modified crops, conventional crops, and organic crops. After a brief explanation of how dicamba drifts and how to gather evidence thereof, the students were able to understand how damages vary from dicamba drift damage to conventional versus organic crops (as well as orchards and vineyards).
After explaining these basic legal and agriscientific elements, Brown provided an explanation of how different torts can be applied to cases of dicamba drift damage, both with respect to lawsuits against the farmer and separate lawsuits against the pesticide companies. With these legal strategies being set forth, Brown then discussed policy proposals that could alter the effectiveness of each tort. The presentation concluded with areas of potential research for the aspiring attorneys.
Prof. Brown would like thank Prof. Ellen Murphy for extending the offer to provide this guest lecture, and for her students for their sincere interest in the information being presented.
