Supreme Court of Arkansas
Monsanto Company v. Arkansas State Plant Board Walter "bruce" Alford Kyle Baltz Russell Black Russell Bragg Robert…
June 6, 2019576 S.W.3d 8
Summary
The court held that Monsanto's challenges directed exclusively at the earlier pesticide regulations became moot after the agency adopted a replacement regulation. It nevertheless reversed the dismissal of Monsanto's remaining claims, concluding that sovereign immunity does not bar claims alleging ultra vires state conduct when the plaintiff seeks only declaratory or injunctive relief. Justice Baker, concurring in part and dissenting in part, agreed that the earlier-regulation claims were moot but would have held that sovereign immunity barred the remaining suit.