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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

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

joelcape August 12, 2024

Legal News

U.S. Patent Office Seeks Public Comments on Experimental Use Exception to Patent Infringement

The U.S. Patent and Trademark Office (USPTO) is seeking the public’s views on a possible change in U.S. patent law to codify an experimental use exception to infringement. Agriculture is among the key interest groups that the USPTO is hoping to gain comments from as part of its joint efforts with the USDA to promote fair competition and innovation in seeds and agricultural inputs. There currently exists a narrow “experimental use” exception to patent infringement which was created by courts over 100 years ago. Simply stated, the experimental use exception permits the making and use of a patented invention “for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry”

joelcape July 29, 2024

Agriculture

Agricultural Autonomy is Coming – Quickly

This week we saw more than a glimpse of the automated future of farming at the joint summer meeting of the Alabama and Georgia Seed Associations. Associate Director Madison Dixon introduced the Agricultural Autonomy Institute, established in June 2023 by Mississippi State University. This newly created university-level institute focuses specifically on “agricultural autonomy” which Mr. Dixon defined as the “automation of traditional agricultural practices through the adoption of multi-domain systems (e.g., drones, driverless tractors, machine vision, selective seeding/spraying technologies, etc.).” In other words, the production systems of farms of the not-too-distant future will be fully automated – operated entirely on computers linked to wireless-enabled equipment. Indeed, John Deere is aggressively pursuing a fully autonomous production cycle for corn and

joelcape July 22, 2024

Legal News

Supreme Court Limits Federal Agencies’ Power to Interpret Laws

On June 28, the U.S. Supreme Court overruled the Chevron doctrine, which essentially required courts to defer to an Administrative Agency’s interpretation of a federal law that it administered. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. Although the original case that created the Chevron doctrine was not initially viewed as a landmark decision, it grew into a major tool in administrative law in the 40 years that followed, giving agencies a wide berth in interpreting the law. As a result of the Supreme Court’s ruling, courts

joelcape July 15, 2024

Legal News

Limitations of Genetic Editing, a Judicial Use of A.I

American Chestnut Tree Tests the Limits of Genetic Editing For roughly a decade, researchers have been working to restore the once-prolific American Chestnut tree which has been functionally extinct since the early 20th century – wiped out by chestnut blight introduced by the importation of Asian chestnut trees. After years of traditional breeding efforts, researchers at State University of New York College of Environmental Science and Forestry (SUNY ESF) began genetically engineering American Chestnut trees, eventually developing a variety known as Darling 58 containing an inserted wheat gene to give the trees blight resistance. However, recent data from field testing have indicated that the Darling 58 isn’t performing as hoped,

joelcape June 28, 2024