Supreme Court of Arkansas

Bayercropsciences Lp v. Glen Hooks Michael Dougan Pratt Remmell Reed Storey Tim Fisher Victor Gray Bland Currie…

February 10, 2022638 S.W.3d 274

Summary

The court held that the circuit court improperly relied on an APA provision governing judicial review of agency adjudications when denying Bayer's motion to intervene in a challenge to an agency rulemaking. Applying the intervention standard, the court determined that Bayer timely asserted protectable economic and reputational interests that could be impaired and were not adequately represented by the Plant Board. The denial of intervention was reversed and the case was remanded with instructions to allow Bayer to intervene as of right.