Arkansas State Plant Board v. McCarty (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court dismissed as moot a direct appeal challenging the circuit court's order declaring the Arkansas State Plant Board's dicamba cutoff rule as void and dismissed in part and reversed in part the cross appeal challenging the same order dismissing with prejudice certain farmers' complaint on the basis of the Board's sovereign immunity, holding that the Farmers' constitutional claims were not subject to the sovereign immunity defense.
In 2017, the Board voted to ban the in-crop use of dicamba-based herbicides after April 15, 2018. The Farmers sought declaratory and injunctive relief alleging that the process by which Board members were appointed was unconstitutional. Thereafter, the new rule took effect, and the Board filed a motion to dismiss the Farmers' complaint. The circuit court granted the Board's motion to dismiss on the basis of sovereign immunity. However, the court determined that the Board's sovereign immunity violated the Farmers' due process rights, thus holding that the Board's rule was void ab initio and null and void as to the Farmers. The Supreme Court held (1) the Board's appeal was of the portion of the circuit court's order declaring the Board's rule establishing the cutoff date for the application of dicamba herbicides was moot; but (2) the Farmers' constitutional claims could proceed.