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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
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The Shared Risks of Aerial Applications and other news to ponder

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by Joel Cape

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
Uncategorized

The Bastardization of Science

Modern agriculture is as much a scientific enterprise as it is a practical one, relying on a myriad of scientific fields, including molecular biology, plant breeding, plant pathology, entomology, veterinary medicine, mechanical engineering, geospatial informatics, and a host of others. Yet, science – the body of knowledge built by gathering evidence, testing hypotheses, making observations, and recording data – is under widespread, global assault from fraudsters. That is the frightening conclusion of a recently published study in the Proceedings of the National Academy of Sciences. According to the NAS study, scientific fraud has reached an industrial scale and continues to grow at an astonishing pace. A large part of the problem

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Swasti Jain August 29, 2025
Uncategorized

Dicamba Turns Into the Homestretch for a Comeback

The Environmental Protection Agency (EPA) released a Memorandum on July 22, announcing the Agency’s “proposed” decision to re-register three dicamba herbicides (Tavium, KHNP0090, and Engenia) for over-the-top (OTT) application to dicamba-tolerant soybeans and cotton. While not quite final, the Agency’s foregone decision to re-register dicamba comes just barely a month after the appointment of Kyle Kunkler as the EPA’s top pesticide officer (Deputy Assistant Administrator for the Office of Chemical Safety and Pollution Prevention). Before his appointment, Kunkler was employed as a lobbyist for the American Soybean Association (ASA) and was a strong advocate for the herbicide. Indeed, ASA, along with Plains Cotton Growers, filed a lawsuit against the EPA even after it approved dicamba, arguing that

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joelcape August 27, 2025
Uncategorized

MAHA Commission’s Challenging Ag Policies, and other news to ponder from Cape Law Firm

Making America Healthy Poses Policy Challenges for Farmers & Ranchers When the President’s Make America Healthy Again Commission (MAHA Commission) issued its Assessment report on childhood chronic disease on May 22, reaction among Agriculture industry groups was swift – both good and bad – as was the reaction from other industries the report touched upon. Although the report praised America’s farmers and ranchers for their productivity, some Ag groups were less than enthused by some of the Commission’s criticisms of modern agriculture. (A summary of the Assessment’s passages related to Agriculture can be accessed here.) The Assessment identified four potential drivers of the rise in chronic childhood disease that “present the clearest opportunities

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joelcape July 21, 2025
Uncategorized

Right-to-Repair A Deere Goes to Court, Sustainable Beef Hiring American Workers, and other news to ponder from Cape Law Firm

FTC’s Right-to-Repair Antitrust Suit Against John Deere Moves Forward The Federal Trade Commission’s (FTC) antitrust lawsuit against John Deere regarding Deere’s control over repairs to its tractors and equipment will not be dismissed, and instead will proceed with discovery following a federal court’s recent ruling denying Deere’s motion for judgment on the pleadings. The FTC’s case, in which it is joined by Arizona, Illinois, Michigan, Minnesota, and Wisconsin, primarily alleges that Deere has monopolized the market for equipment repair services through its dominant market position and has limited access to critical repair tools exclusively to its own network of authorized dealers. According to the Complaint, Deere licenses a software tool

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joelcape June 30, 2025
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