​​Cotton Fields to Courtrooms: Legal Issues and Spray Drift

December 2018 | 51 min., 08 sec.
by Tiffany Dowell Lashmet
Texas A&M AgriLife Extension

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Summary

​Lashmet addresses the legal issues related to pesticide drift. She begins by providing tips for pesticide applicators, including the need to follow labels and to carry liability insurance. Second, she covers tips for injured parties, including the importance of documenting what happened over time (not just immediately). Third, Lashmet reviews potential administrative penalties if damage occurs; TDA is the agency in Texas that handles spray drift issues. Fourth, she discusses potential civil claims if damage occurs; there are generally four legal claims in draft cases, and each requires different proof and is subject to different defenses. She discusses the grower’s liability for a hired contractor, as well; there are differences across states. Lashmet closes with an update on dicamba litigation.

About the Presenter

Tiffany Dowell LashmetTiffany Dowell Lashmet is an assistant professor and extension specialist in agricultural law with Texas A&M AgriLife Extension. She focuses on legal issues affecting Texas agricultural producers and landowners, including agricultural leases, water law, oil and gas law, eminent domain, easements, and landowner liability. She serves on the board of directors for the American Agricultural Law Association and is part of the State Bar of Texas John Huffaker Agricultural Law Course Planning Committee. In 2016, Tiffany was named the State Specialist of the Year for Texas Agriculture by the Texas County Agricultural Agents Association. Tiffany grew up on a family farm and ranch in eastern New Mexico. She received her BS in agribusiness (farm and ranch management) from Oklahoma State University, graduating summa cum laude, and her law degree from the University of New Mexico, again graduating summa cum laude. Prior to joining Texas A&M AgriLife Extension, Tiffany worked for 4 years at a law firm in Albuquerque practicing civil litigation. She is licensed to practice law in New Mexico and Texas. She lives in the Texas Panhandle with her husband, Ty, and her children, Braun and Harper.​​

Contact Information:
Email: tdowell@tamu.edu

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