Supreme Court of Arkansas
Monsanto Company v. Arkansas State Plant Board; and Arkansas State Plant Board Members in Their Official Capacities…
May 6, 2021622 S.W.3d 166
Summary
The court dismissed Monsanto’s direct appeal because its pleadings failed to establish an actual, present controversy concerning Regulation 7, although Monsanto had standing to challenge the regulation. The court therefore did not reach the Commerce Clause or unconstitutional-appointment challenges to Regulation 7. On the Board’s cross-appeal, the court affirmed the ruling that the challenged statutory appointment provisions were an unconstitutional delegation of appointment power.