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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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  • Contact

EPA Issues Rare Emergency Order Suspending DCPA (Dacthal) Herbicide

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Cape Law Firm Blog

by Joel Cape

Agriculture

View of the Ag Economy from the American Seed Trade Association’s Field Crop Convention

Dan Basse of AgResource Company delivered a detailed look at the Ag Economy in one of the most popular sessions at the American Seed Trade Association’s Field Crop Convention, held this week in Orlando, FL. Dan’s presentations are always loaded with data and insight. Going into 2025, the outlook is fairly bearish which is probably not surprising in light of a difficult economy for Ag in 2024. Below are some of the notes and highlights from Dan’s presentation: Commodity prices (particularly corn and soybeans) will likely remain depressed, due in part to high supply and no new big demand drivers – ending stocks will creep up. Farmer optimism has moved up since Trump’s election

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joelcape December 16, 2024
Agriculture

Senate Ag Committee’s Farm Bill Draft Released

The Senate recently released its draft version of the next Farm Bill, coming in at just a measly 1,397 pages. Senator Stabenow (D-Mich.), Chairwoman of the Senate Agriculture Committee released the draft last week, and although she will be retiring at the end of this Congress, she hopes to have a hand in shaping the major federal legislation governing agriculture for the next 5 years. It seems unlikely that a Farm Bill will be enacted before the end of the term as Congress already has a lot on its plate to finish by year-end, not to mention the upcoming change in Administrations and Republican control of both Houses. You can

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joelcape December 9, 2024
Uncategorized

Happy Thanksgiving: A Heartfelt Thank You

HAPPY THANKSGIVING! And a big Thank You to our friends, family and clients! We hope you have a wonderful Thanksgiving holiday. We’ll be back next week and in the meantime, we’ll leave you with a bit ‘o trivia to pass around after dinner.

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joelcape December 2, 2024
Uncategorized

Not All Post-Patent Royalties Are Post-Patent Royalties

It has been roughly 3 decades since the broad roll-out of patent-protected agricultural seed in commodity crops fundamentally changed how seed was marketed and used. Royalties, especially annual royalties for a license to plant seed, became a ubiquitous business model for the supply chain delivering seed to farmers. However, when the patent expires, so does the right to charge royalties for those patent rights. So far, there have been only a few examples of this scenario playing out in the seed business. This year two federal appeals courts addressed the prohibition on post-patent royalties in cases involving the licensing of multiple patents, including expiring U.S. patents. In Ares Trading S.A. v.

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joelcape November 18, 2024
Uncategorized

New Restrictions Passed for Treated Seed in California

California recently passed a new law (AB 1042) adding restrictions on the sale and use of pesticide-treated seed in the State. Beginning January 1, 2026, seeds treated with a pesticide cannot be sold, delivered, or used in the state unless the pesticide is registered with California’s agencies. The law also requires the state Director of Pesticide Regulation to prohibit treated seed containing a pesticide that meets certain criteria (dangerous, non-beneficial, etc.). Starting on January 1, 2025, growers will also be required to submit reports to county agricultural commissioners when treated seeds are planted. These grower reports will be compiled into annual reports for publication, indicating: Pounds of pesticides applied as

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joelcape November 5, 2024
Agriculture

Third Circuit Court of Appeals Takes an Uncharted Path to FIFRA Preemption

The U.S. Court of Appeals for the 3rd Circuit (encompassing Delaware, Maryland, New Jersey, and the U.S. Virgin Islands) is one of the latest appellate courts to consider an appeal in the Roundup cancer cases. The primary issue in the appeal is a familiar one – whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state law duty to warn. This argument has been raised many, many times in trial and appellate courts around the country. The overwhelming majority have found that FIFRA does not preempt state law duties to provide adequate warnings for pesticide products. But in Schaffner v. Monsanto Corp., 113 F.4th 364 (3rd Cir. 2024), the

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joelcape October 28, 2024
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