Right to Farm Laws
Agricultural Law Weekly Review—December 4, 2023
International Trade: Panel Report Finds Canada’s Dairy Tariff-Rate Quotas ‘Not Inconsistent’ with USMCA 🌾
On November 10, 2023, the dispute settlement panel formed under the United States-Mexico-Canada Agreement (USMCA) published its final report concerning Canada’s dairy tariff-rate quota (TRQ) allocation measures. Also announced by the U.S. Trade Representative (USTR), the report concluded that “Canada’s measures are not inconsistent with the USMCA provisions cited by the United States.” However, “[a] dissenting panelist agreed with the United States that by excluding retailers and others, Canada was breaching its commitment to make its dairy TRQs available to all applicants active in the […]
Agricultural Law Weekly Review – Week Ending July 2, 2021
Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 🌾
On June 28, 2021, the Supreme Court of the United States denied North American Meat Institute’s (NAMI) petition for certiorari from the refusal to grant an injunction against California’s Proposition 12 on the basis that it violates the U.S. Constitution’s Commerce Clause. North American Meat Institute v. Rob Bonta, Attorney General of California, et al., No. 20-1215. Proposition 12 establishes in-state animal confinement standards for egg-laying hens, veal calves, and breeding sows and prohibits the in-state sale of noncompliant products (included […]
Agricultural Law Weekly Review – Week Ending April 30, 2021
COVID-19: White House Reviewing OSHA’s Long-Delayed Emergency Temporary Standard
On April 26, 2021, according to a U.S. Department of Labor (DOL) spokesperson, Occupational Safety and Health Administration (OSHA) submitted to the White House an Emergency Temporary Standard (ETS) for the prevention of workplace COVID-19 transmission. President Biden’s January 21, 2021 Executive Order on Protecting Worker Health and Safety directed OSHA to decide upon the necessity of an ETS and submit it to the White House by March 15, 2021, however that action was long-delayed without official explanation. An ETS on this topic would represent the first mandatory federal government […]
Agricultural Law Weekly Review—week ending October 9, 2020
Antitrust: U.S. Department of Justice Indicts Six More Poultry Executives Over Alleged Price Fixing
On October 7, 2020, the U.S. Department of Justice announced a grand jury indictment in the U.S. District Court for the District of Colorado of six additional poultry executives for conspiring to rig bids and fix prices of U.S. broiler chickens in violation of the Sherman Act: Timothy R. Mulrenin, William Vincent Kantola, Jimmie Lee Little, William Wade Lovette, Gary Brian Roberts, and Rickie Patterson Blake. United States v. Penn, No. 1:20-cr-00152. Four indictments were previously issued in the same proceeding. […]
Agricultural Law Weekly Review – November 7, 2019
Agricultural Finance: Chapter 12 Farm Bankruptcies Increasing
On October 30, 2019, American Farm Bureau (AFB) released a market intelligence report authored by Chief Economist John Newton showing that Chapter 12 farm bankruptcy filings rose 24% in the 12-month period ending September 2019 as compared to the same period one year earlier. There were a total of 580 Chapter 12 filings, which nevertheless remains lower than the recent high of 676 filings in 2011. Individual state and regional filings varied greatly but nine states recorded totals at or above 10-year highs (Iowa, Kansas, Maryland, Minnesota, Nebraska, New Hampshire, South Dakota, Wisconsin […]
Agricultural Law Weekly Review—August 22, 2019
Right to Farm Laws: Missouri CAFO Closes Following Nuisance Lawsuits
On August 19, 2019, Valley Oaks Steak Co. announced that the Missouri-based company was closing operations due to numerous lawsuits following a proposed expansion of a concentrated feeding operation (CAFO). Previously, on July 30, 2019, the law firm of Humphrey, Farrington & McClain (HFM) announced that 141 property owners had filed suit in the Jackson County Circuit Court regarding a proposed CAFO expansion located in Lone Jack, Missouri. According to HFM, the CAFO—which is owned by Valley Oaks Steak Co.—has been in operation since 2016. HMF stated that Valley Oaks Steak Co. was seeking […]
Agricultural Law Weekly Review—June 27, 2019
Food Policy: SCOTUS Rules USDA Does Not Need to Disclose Certain SNAP Information Under FOIA
On June 24, 2019, the U.S. Supreme Court held that under the Freedom of Information Act (FOIA), the U.S. Department of Agriculture (USDA) does not need to disclose certain private commercial or financial information from retail stores that participate in the Supplemental Nutrition Assistance Program (SNAP) (Food Marketing Institute v. Argus Leader Media, Docket No. 18-481). Previously, Argus Leader Media filed a FOIA request seeking the names and addresses of all retail stores that participated in SNAP for fiscal years 2005 through 2010. Additionally, […]
