Right to Farm
Agricultural Law Weekly Review—June 17, 2024
Antitrust: USDA Publishes Poultry Grower, Dealer Proposed Rule 🌾
On June 10, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (89 FR 49002) pursuant to the Packers and Stockyards Act titled “Poultry Grower Payment Systems and Capital Improvement Systems.” Also announced by the USDA, the proposed rule would establish several requirements for live poultry dealers (LPDs) and agreements between LPDs and broiler growers. Particularly, the rule would “[p]rohibit LPDs from discounting or reducing a grower’s rate of compensation as disclosed in the broiler growing arrangement based on the […]
Agricultural Law Weekly Review—March 4, 2024
Explore the Center’s New Geographical Indications Virtual Resource Room.
Right to Farm: West Virginia Passes Law Prohibiting Interference with ‘Permissible’ Pesticide Use, Expands Agriculture Protections 🌾
On February 23, 2024, West Virginia Governor Jim Justice approved legislation SB 171, which amends W. Va. Code §7-1-3 to prohibit county commissions from enacting any law “that contravenes or is stricter than any state law . . . relating to agricultural operations” and simultaneously revokes any such law “previously adopted.” The legislation also prohibits a county commission from enacting any rule that interferes with “the permissible use or application, of […]
Agricultural Law Weekly Review—October 2, 2023
National Agricultural Policy: GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful 🌾
On September 20, 2023, the U.S. Government Accountability Office (GAO) published a decision concluding that the U.S. Department of Agriculture (USDA) “did not violate the [Commodity Credit Corporation (CCC)] Charter Act or the Antideficiency Act when it used CCC funds for programs that were not specifically included in its [FY 2021] budget submission to Congress” because the “Government Corporation Control Act (GCCA) does not require corporations to delineate specific programs in their budget submissions prior to carrying them out.” Additionally, the GAO decision found that […]
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule 🌾
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of “Waters of the United States” (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits “interstate wetlands” from the “interstate waters” jurisdictional language and “wetlands and streams” from the “additional waters” jurisdictional language; removes the […]
Agricultural Law Weekly Review—April 10, 2023
Water Quality: Stay Granted in Litigation on Petition to Compel Revision of Clean Water Act CAFO Regulations 🌾
On April 3, 2023, the U.S. Court of Appeals for the Ninth Circuit entered an order staying a petition for writ of mandamus filed against the U.S. Environmental Protection Agency (EPA) by several environmental groups, pursuant to a joint stipulation filed by the parties in the case of Food & Water Watch, et al v. USEPA, No. 22-70226. According to the terms of the stay, EPA must respond by August 15, 2023 to a 2017 petition asking the agency […]
Agricultural Law Weekly Review – Week Ending April 23, 2021
WOTUS: EPA Administrator Testifies on WOTUS 🌾
On April 21, 2021, Environmental Protection Agency (EPA) Administrator Michael Regan testified about EPA’s approach to the presently applicable Navigable Waters Protection Rule before the House Committee On Appropriations, Subcommittee on Interior, Environment and Related Agencies. He stated, “What I’m pledging to do is begin a stakeholder-engagement process involving our ag community — farm bureau, ag CEOs, our environmental community — to look at the lessons learned and how we can move forward . . . that we can provide some certainty to the ag industry where we don’t overburden the small farmer […]
Agricultural Law Weekly Review—week ending November 20, 2020
Right to Farm: North Carolina Swine Production Facility Nuisance Verdict Upheld On Appeal and Smithfield Announced Unspecified Settlement of Claims
On November 19, 2020, the U.S. Court of Appeals for the Fourth Circuit issued an opinion affirming in part and vacating in part a judgment entered in the U.S. District Court for the Eastern District of North Carolina (McKiver v. Murphy-Brown, LLC, No. 7:14-cv-00180) upon an April 26, 2018 verdict awarding compensatory damages for nuisance of $75,000 each and punitive damages of $5 million each (reduced by state law to $250,000 each) in favor of ten neighboring landowners […]
Agricultural Law Weekly Review—week ending August 14, 2020
On July 17, 2020, the Plaintiffs in the case Himsel v. Himsel (Ind. Ct. App. 18A-PL-00645) filed a petition for writ of certiorari in the U.S. Supreme Court (docket No. 20-72) challenging the constitutionality of Indiana’s Right to Farm Act. The Indiana Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the Defendants, dismissing the Plaintiffs’ claim that the “noxious emissions” from a neighboring concentrated animal feeding operation (CAFO) constituted “nuisance, negligence, and trespass” (No. 32D04-1510-PL-000150). The Plaintiffs claim that the act violates the Takings Clause of […]
