A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude
Injuries inflicted by spray applications of dicamba herbicides on neighboring properties have raised questions about the validity of the dicamba registrations and the adequacy of protection accorded others. An evaluation of the documentation used by the Environmental Protection Agency in approving t...
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| Format: | Article |
| Language: | English |
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Elsevier
2022-01-01
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| Series: | Environmental Challenges |
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| Online Access: | http://www.sciencedirect.com/science/article/pii/S2667010021003966 |
| _version_ | 1819319162932035584 |
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| author | Terence J. Centner |
| author_facet | Terence J. Centner |
| author_sort | Terence J. Centner |
| collection | DOAJ |
| description | Injuries inflicted by spray applications of dicamba herbicides on neighboring properties have raised questions about the validity of the dicamba registrations and the adequacy of protection accorded others. An evaluation of the documentation used by the Environmental Protection Agency in approving the 2020 dicamba registrations discloses a lack of evidence supporting issuance of the registrations. In the lawsuit challenging the 2020 registrations, the court may decide they need to be vacated. While over-the-top dicamba products for use on soybeans and cotton have been beneficial in controlling weeds, their volatility has caused major offsite injuries. Neighboring property owners have the right to exclude others from their properties, including the exclusion of spray drift and volatilization of pesticide particles. By approving dicamba registrations, states have enabled dicamba particles to invade offsite properties. The registrations obliterate neighbors' right to exclude others from their properties thereby constituting a taking of private property without just compensation for which state governments can incur liability. |
| first_indexed | 2024-12-24T10:59:19Z |
| format | Article |
| id | doaj.art-b457d74055b0403fa0dd303461c83c03 |
| institution | Directory Open Access Journal |
| issn | 2667-0100 |
| language | English |
| last_indexed | 2024-12-24T10:59:19Z |
| publishDate | 2022-01-01 |
| publisher | Elsevier |
| record_format | Article |
| series | Environmental Challenges |
| spelling | doaj.art-b457d74055b0403fa0dd303461c83c032022-12-21T16:58:45ZengElsevierEnvironmental Challenges2667-01002022-01-016100422A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to excludeTerence J. Centner0Professor of Practice, Agricultural Economics, University of Nebraska-Lincoln, Lincoln, NE 68583, USAInjuries inflicted by spray applications of dicamba herbicides on neighboring properties have raised questions about the validity of the dicamba registrations and the adequacy of protection accorded others. An evaluation of the documentation used by the Environmental Protection Agency in approving the 2020 dicamba registrations discloses a lack of evidence supporting issuance of the registrations. In the lawsuit challenging the 2020 registrations, the court may decide they need to be vacated. While over-the-top dicamba products for use on soybeans and cotton have been beneficial in controlling weeds, their volatility has caused major offsite injuries. Neighboring property owners have the right to exclude others from their properties, including the exclusion of spray drift and volatilization of pesticide particles. By approving dicamba registrations, states have enabled dicamba particles to invade offsite properties. The registrations obliterate neighbors' right to exclude others from their properties thereby constituting a taking of private property without just compensation for which state governments can incur liability.http://www.sciencedirect.com/science/article/pii/S2667010021003966DicambaSpray driftVolatilizationInvasionTakings clauseGovernmental liability |
| spellingShingle | Terence J. Centner A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude Environmental Challenges Dicamba Spray drift Volatilization Invasion Takings clause Governmental liability |
| title | A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude |
| title_full | A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude |
| title_fullStr | A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude |
| title_full_unstemmed | A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude |
| title_short | A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude |
| title_sort | review of registrations for over the top dicamba products and liability for state governments for appropriating neighbors right to exclude |
| topic | Dicamba Spray drift Volatilization Invasion Takings clause Governmental liability |
| url | http://www.sciencedirect.com/science/article/pii/S2667010021003966 |
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