Gary Baise

Commentaries

Feds’ jargon-filled memo won’t help farmers looking to manage wetlands

Feds’ jargon-filled memo won’t help farmers looking to manage wetlands

By Gary Baise | August 18, 2020

Feds’ jargon-filled memo won’t help farmers looking to manage wetlands You may need a lawyer to figure out what USDA, EPA and the Corps of Engineers has in mind. Back in July USDA Under Secretary Bill Northey, Assistant Secretary of the Army R. D. James, and EPA Assistant Administrator for water David Ross signed an…

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Little for farmers in Democrat presidential platform

Little for farmers in Democrat presidential platform

By Gary Baise | August 4, 2020

Gary Baise Commentaries Little for farmers in Democrat presidential platform Democrats support right-to-repair, would tackle market concentration in meat packing industry. The Democratic Party released its draft platform for 2020 last week with 10 sections, and not one is on agriculture! The platform has sections on “Building a Stronger, Fairer Economy”; “Achieving Universal Affordable Quality Healthcare”;…

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Crop chemical court decision is big victory for agriculture

Crop chemical court decision is big victory for agriculture

By Gary Baise | July 28, 2020

Gary Baise Commentaries Crop chemical court decision is big victory for agriculture Here’s why judges matter when it comes to important court decisions. Last week, two judges of the 9th Circuit ruled in favor of keeping Corteva’s Enlist Duo, an herbicide designed to kill weeds on corn, soybean and cotton fields, on the market. Enlist Duo combines…

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What are perennial, intermittent and ephemeral streams?

What are perennial, intermittent, and ephemeral streams?

By Gary Baise | July 16, 2020

Gary Baise Commentaries What are perennial, intermittent and ephemeral streams? New Trump administration Waters of the United States rule is attempt to simplify definition. In an earlier blog, I discussed what is “not” a water of the United States. The issue is trickier when a new definition of Waters of the United States (WOTUS) is…

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The government defines what is NOT a "Waters of the United States"

The Government defines what is NOT a “Waters of the United States”

By Gary Baise | July 1, 2020

Gary Baise Commentaries Environmentalists want the Court to punish EPA. If the Court does so, a new chapter will be written for pesticide use. In my many efforts to unravel and explain the federal government’s sometimes baffling efforts to legally define the things that matter most to property owners, I have started by describing the…

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Farmers win big with dicamba ruling

Farmers win big with dicamba ruling

By Gary Baise | June 24, 2020

Gary Baise Commentaries Farmers win big with dicamba ruling Agriculture wins a legal skirmish, but the battle over controversial weed control products continues. The U.S. Court of Appeals 9th Circuit on Friday, June 19 denied the National Family Farm Coalition, the Center for Food Safety, the Center for Biological Diversity and the Pesticide Action Network North America’s motion…

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Gavel

Dicamba ruling shows lack of good (federal court) judgment

By Gary Baise | June 19, 2020

Gary Baise Commentaries Dicamba ruling shows lack of good (federal court) judgement How one judge seemingly influenced the decision to ban dicamba at the worst possible time in a farmer’s growing season. Much ink has been spilled over a June 3, 2020 opinion written by the 9th Circuit U.S. Court of Appeals vacating (ending) labels for three…

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nozzles-spangler-dicamba-sized

Activists file motion to immediately stop dicamba use

By Gary Baise | June 15, 2020

Gary Baise Commentaries Environmentalists want the Court to punish EPA. If the Court does so, a new chapter will be written for pesticide use. Environmental activist groups are hopping mad after EPA allowed farmers to continue over-the-top in-season spraying of dicamba-based products through July 31, even after a federal court suspended its use last week.…

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Does the government’s definition for ‘ditch’ provide legal clarity?

Does the government’s definition for ‘ditch’ provide legal clarity?

By Gary Baise | June 3, 2020

Gary Baise Commentaries Does the government’s definition for ‘ditch’ provide legal clarity? The administration’s new water regulation is already being challenged in courts. The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) have finally published a final rule defining as precisely as possible the scope of waters that are regulated under the Clean…

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Washington State dairy sued for manure disposal

Washington State dairy sued for manure disposal

By Gary Baise | May 15, 2020

Plaintiffs enraged at ‘open dumping’ of manure on farm fields. Another Washington State dairy has been sued by environmental groups alleging that their storage, treatment, transportation, and disposal of liquid manure is a “solid waste” under the Resource Conservation and Recovery Act (RCRA). The environmental plaintiffs in Washington State claim that Majestic Farms Dairy engages…

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