Agricultural Law in the Spotlight
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Federal Court Dismisses Des Moines Water Works Case
Written by Robert T. Caccese—Staff Attorney
On March 17, 2017, the U.S. District Court, N.D. Iowa, Western Division dismissed a lawsuit brought by an Iowa municipal water utility against thirteen Iowa agricultural water drainage districts (Board of Water Works Trustees of the City of Des Moines, Iowa v. SCA County Board of Supervisors, 2017 WL 1042072). The Des Moines Water Works (DMWW) is a municipal water utility (political subdivision) charged with providing drinking water to an estimated 500,000 citizens in the Des Moines area. The utility draws water primarily from the Raccoon and Des Moines Rivers, with […]
Agricultural Law in the Spotlight: Understanding Legal Protections and Potential Liabilities Associated with Seed Use in Pennsylvania
With the calendar marking the start of spring, much of Pennsylvania’s agricultural industry has turned its attention to the upcoming planting season. As they do each year, farmers are making decisions about the varieties of seed that they will be purchasing as well as where they will be purchasing this seed. In making these important decisions, farmers should be aware that there are several laws – at both the state and federal level – addressing their purchase and use of seed.
This article will discuss the Pennsylvania Seed Act, federal patent law, and the federal Plant Variety Protection Act. These laws […]
Executive Order on the “Waters of the United States” Rule
Written by M. Sean High—Staff Attorney and Errin McCaulley – Research Assistant
On February 28, 2017, President Donald J. Trump signed an Executive Order directing the Administrator of the Environmental Protection Agency (Administrator) and the Assistant Secretary of the Army for Civil Works (Assistant Secretary) to review the current federal “Waters of the United States” rule (WOTUS). The outcome of this review could have significant implications for both the agricultural and energy sectors.
Under the Executive Order, the Administrator and Assistant Secretary are required to review WOTUS to determine if the current rule is consistent with the […]
Federal Court Rules against Application of Pennsylvania Equine Activity Immunity Act
Written by M. Sean High—Staff Attorney
On September 26, 2016, the United States District Court, M.D. Pennsylvania denied a motion for summary judgement seeking dismissal of an injury claim involving a Pennsylvania equine facility. (Melendez v. Happy Trails and Riding Center, Inc., 2016 WL 5402745). The claim alleged that the plaintiff, Wilberto Melendez, suffered an injury at Happy Trails and Riding Center due to defective equipment supplied by the equine facility. The motion, filed by the defendant owner of the equine facility, sought dismissal of the case due to immunity protection resulting from: (1) a signed waiver and (2) the Pennsylvania […]
Federal Court Addresses Clean Water Act Jurisdiction
Written by Errin McCaulley – Research Assistant
