By Associated Press - Thursday, June 6, 2019

LITTLE ROCK, Ark. (AP) - The Arkansas Supreme Court has revived part of Monsanto Co.’s lawsuit stemming from the state’s ban of an herbicide that farmers said had drifted onto their crops and caused widespread damage.

Justices on Thursday said Monsanto’s challenge of the state’s dicamba ban was moot since the Plant Board has since adopted new regulations of the herbicide. The board in February approved a new ban that allowed dicamba’s use through May 25.

But the court reversed a judge’s decision to dismiss other parts of the company’s lawsuit challenging the constitutionality of the Plant Board’s composition and a requirement that pesticide registrants must submit research conducted by University of Arkansas researchers. A Pulaski County judge had cited a state high court ruling that the Legislature can’t waive Arkansas’ immunity from lawsuits.

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