A Pulaski County Circuit Judge today dismissed a lawsuit filed by Monsanto against the Arkansas State Plant Board concerning its decision to ban dicamba in the state between April 16 and Oct. 31. The lawsuit also challenged an earlier rule that targeted Xtendimax specifically. Judge Chris Piazza cited a state Supreme Court ruling that makes it more difficult to sue the state, according to the Associate Press (AP). The decision said legislators could not waive the state’s immunity from lawsuits, which is granted under the state constitution. The judge said he “did not see how the justices’ previous ruling would let Monsanto’s lawsuit go forward over the dicamba ban,” AP continues. Monsanto disagrees with this ruling and is considering further legal action.
“Unfortunately, the Plant Board has placed unreasonable restrictions on the use of this technology (XtendiMax) in Arkansas,” says Scott Partridge, Monsanto vice president of global strategy. “We are disappointed in the court’s decision to dismiss our legal challenge of the Plant Board’s restrictions and we will consider additional legal steps that might be appropriate.”