Supreme Court of Arkansas

Arkansas State Plant Board and Terry Walker

June 13, 2019576 S.W.3d 473

Summary

The court dismissed the Board's direct appeal as moot because a later rule repealed the challenged April cutoff date and allowed dicamba use through May 25. It dismissed as moot the Farmers' administrative claims concerning the denied rulemaking petition and related procedural irregularities, but reversed the dismissal of their constitutional challenge to the method of appointing Board members because sovereign immunity does not bar claims seeking only declaratory and injunctive relief for alleged unconstitutional conduct. Justice Baker, concurring in part and dissenting in part, would have held that sovereign immunity barred the Farmers' remaining claims.