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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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Supreme Court Limits Federal Agencies’ Power to Interpret Laws

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Cape Law Firm Blog

by Joel Cape

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
Agriculture

Corn Seed War Enters the Trenches

Corteva’s federal lawsuit against Inari is heading into the discovery phase with the Delaware district court’s denial of Inari’s motion to dismiss the case. As we’ve reported previously, this case raises some fascinating (geeked-out) issues regarding the overlapping intellectual property protection available for plants, particularly patents and Plant Variety Protection (PVP). The court’s ruling was quick to hone in on the unanswered question at the heart of the lawsuit: We want inventors to share their ideas with the world rather than keep them secret. So in exchange for limited exclusivity, inventors teach us how the trick was done. Competitors get the benefit of that knowledge. And they may make improvements, and

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joelcape September 16, 2024
Agriculture

A Looming Federal Food Fight

Presidential candidate Kamala Harris recently announced one of her economic priorities is a proposed a federal ban on “price gouging” on food and groceries. Although specific details of the plan are somewhat vague, it appears that Harris’ plan will include some form of price control on food. As most Americans know, food prices have risen dramatically following the pandemic and consumers are spending more of their income on food than at any time in the last three decades. Even though food is relatively expensive, many economists agree that price gouging can be difficult to define and price controls often produce mixed results. At the other end of the food spectrum, farmers are

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joelcape August 26, 2024
Agriculture

EPA Issues Rare Emergency Order Suspending DCPA (Dacthal) Herbicide

​For the first time in 40 years, the Environmental Protection Agency (EPA) deployed its emergency authority to suspend the registration of a pesticide, in this case, the herbicide known as DCPA (dimethyl tetrachloroterephthalate) sold under the trade name Dacthal manufactured by AMVAC Chemical Corporation. DCPA has been used in the United States since the 1950s. For the last several decades it has been primarily used in vegetable crops such as kale, broccoli, onions, cabbage, and athletic turf grasses. The EPA’s extreme action was taken after receiving long overdue data from the manufacturer concerning human toxicity, its status as a possible carcinogen, and particular risks to pregnant women and unborn fetuses of significant

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joelcape August 20, 2024
Agriculture

The Quest for a Tastier (and Healthier) Tater

The common spud, a staple in diets around the world, is undergoing an upgrade thanks to advances in genetic technologies such as gene editing. Developing improved potato varieties through traditional plant breeding is remarkably challenging, in part because most commercially grown potatos have a tetraploid genome, i.e., they have four sets of chromosomes instead of two. Using advanced genetic tools, companies are editing potato genes to modify starch ratios, improve starch quality, and even make them more block-shaped so they can be cut into more uniform french fries. The focus on potato improvement is probably overdue considering it ranks third, behind rice and wheat, as a food crop for human

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joelcape August 12, 2024
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