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A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics.
  • What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • Media
  • Blog
  • Contact

Ag Drones’ Opportunity Costs, Ag Biotech Arrives in China, and other news to ponder

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by Joel Cape

Agriculture

Ag Drones’ Opportunity Costs, Ag Biotech Arrives in China, and other news to ponder

Ag Drones Becoming Cost-Savers in Precision Farming Research by Professor Bruno Basso at Michigan State University is showing how the use of ag drones and satellite imagery can take precision agriculture a step further with finely tuned precision applications of crop inputs such as fertilizer and pesticides. Over the last decade, drones have been embraced in agriculture and are rapidly moving to mainstream adoption. Drones represent a big cost-saving opportunity for farmers by making precision input applications only where they are needed, and avoiding areas where they would just be wasted. As this technology has steadily decreased in price while also becoming more accurate and efficient, ag drones are gaining traction as

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Joel Cape November 3, 2025
Agriculture

California Claims Victory in Race to Ban Ultra-Processed Foods, and other news to ponder

California Enacts “First” Ban on Ultraprocessed Foods? Last week, California enacted a new law to ban ultra-processed foods (UPFs) in school meals, with Governor Gavin Newsom broadly claiming that it was leading the way for the rest of the nation with the first law in the U.S. to enact such a ban. California’s new law does appear to be the first to provide a legal definition of UPFs and provide mechanisms for enforcement. Reflecting the challenge of defining precisely what a UPF is, California’s definition is somewhat lengthy and incorporates several other regulatory definitions, but in substance, a UPF is the following: any food or beverage that has high amounts

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Joel Cape October 20, 2025
Agriculture

Some Highlights from Seed Congress of the Americas, and other news to ponder

A Few Highlights from the 10th Seed Congress of the Americas Last week was the 10th Seed Congress of the Americas in Foz do Iguaçu, Brazil, an event established by the Seed Association of the Americas (SAA) to advance the interests of the seed industry in North and South America. Industry professionals from around the world presented on several compelling topics, including market conditions, intellectual property protection, seed-applied technologies, gene editing, and the state of global regulation of gene editing in agriculture. Several presentations either focused on gene editing for developing new plant varieties and traits, or at least touched on the topic, demonstrating how rapidly the technology has been adopted on a broad

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Joel Cape October 13, 2025
Agriculture

Agriculture’s Antitrust Cops on the March, MAHA – Making Agriculture Happy Again, and other news

Department of Justice and USDA to Investigate Sky-High Farm Input Costs Secretary of Agriculture Brooke Rollins announced yesterday that the U.S. Department of Agriculture (USDA) and the Department of Justice (DOJ) have signed a Memorandum of Understanding to jointly scrutinize agricultural input markets – particularly, seed, fertilizer, equipment, and fuel. With the economic conditions for row crop producers falling off a cliff, the USDA and DOJ have become keenly interested in looking into why crop production input costs have continued to rise to the point that farmers are locked into steep operating losses. The Memorandum became immediately effective and includes the option to take antitrust enforcement actions to promote competition

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Joel Cape October 7, 2025
Lawsuits

The Shared Risks of Aerial Applications and other news to ponder

Aerial Applicator Suit Demonstrates Scope of Risks The recent U.S. Fourth Circuit case of Kritter v. Mooring involving the crash of a helicopter aerial applicator shows how risks can be distributed among farm owners, renters, crop consultants, and others, and provides a guide for how to allocate those risks in custom application contracts. A landowner leased his farm to his relatives’ farming corporation. The farm corporation engaged Nutrien for various consulting services, including aerial pesticide applications. Nutrien employed a crop consultant to work with the farm corporation, and when needed, to hire aerial applicators. In 2020, the crop consultant hired Eugene Kritter, an experienced aerial applicator, to spray some of the corporation’s

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Joel Cape September 15, 2025
Soybeans
Competition & Antitrust

Brazilian Soybean Farmers Urge Anti-Competition Ruling on Breeding Incentives, and other news to ponder

Brazil’s Soy Producers Press for Anti-Competition Ruling Over Bayer’s “Breeding Incentives” Aprosoja Brasil, a powerful association of Brazilian soybean farmers, has asked for the country’s competition agency (CADE) to issue an opinion finding that Bayer’s use of “breeding incentives” to reward plant breeders is anticompetitive. The dispute concerns incentive agreements with breeders to provide rewards for adapting their varieties to Bayer’s proprietary trait platforms. The farmers contend these incentives have resulted in fewer varieties, reduced diversity and choice, and higher seed prices. CADE’s recent economic studies found that Bayer’s breeding incentives had reduced the development of soybean varieties with alternative traits and technologies. Read more here.​ Texas A&M’s Ultra-Low Gossypol

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Joel Cape September 9, 2025
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