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Documents on agriculture
 

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HTMLDecision in Arkansas Fish & Game v. United States Good for Property Rights Advocates
Amy Brigham Boulris, Terry Cole; Gunster;
Legal Alert/Article
December 27, 2012, previously published on December 19, 2012
Gunster wishes to alert its clients and friends of the firm with agricultural interests to a potentially significant decision by the United States Supreme Court this month concerning protection available under the Takings Clause of the U.S. Constitution (“nor shall private property be taken...

 

HTMLUnited States District Court Enters Judgment against Environmental Group, and in favor of Poultry Farm
Wayne Heavener; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
December 27, 2012, previously published on December 2012
In Waterkeeper Alliance, Inc. v. Hudson, the United States District Court for the District of Maryland held that a non-profit environmental organization failed to establish liability against poultry farmers for alleged violations of the Clean Water Act (CWA). The plaintiff, Waterkeeper Alliance,...

 

HTMLAnother Shoe Drops in Washington: Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers
Harvey Saferstein, Nada I. Shamonki; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 26, 2012, previously published on December 19, 2012
In Washington Shoe Co. v. A-Z Sporting Goods, Inc. (U.S. Court of Appeals - Ninth Circuit, No. 11-35166, Dec. 17, 2012), the Ninth Circuit expanded the exercise by Federal District Courts of personal jurisdiction over out-of-jurisdiction defendants in federal copyright cases. Building on the...

 

HTMLCalifornia Proposition 37
Michelle Gillette, Daniel J. Herling, Howard I. Miller; Keller and Heckman LLP;
Legal Alert/Article
November 6, 2012, previously published on November 5, 2012
Current polling shows the gap closing on those for and against California's Proposition 37, the "Right to Know Genetically Engineered Food Act."[1] Whether you are for or against Proposition 37, the fact that the proponents and opponents are diametrically opposed as to the interpretation...

 

HTMLECJ: Use of Farm Saved Seed Without Fulfilling the Obligation to Provide Information Infringes the Plant Variety Right
Ettje Trauernicht, Klaus von Gierke; Norton Rose Canada LLP;
Legal Alert/Article
October 25, 2012, previously published on October 2012
European Court of Justice (ECJ) rules that using the product of the harvest obtained by planting propagating material as farm saved seed constitutes an infringement of the holder’s plant variety right if the farmer fails to declare and pay or misdeclares (Case C-509/10 - Josef Geistbeck,...

 

HTMLECJ Confirms EU Directives on the Marketing of Vegetable Seed
Ettje Trauernicht, Klaus von Gierke; Norton Rose Canada LLP;
Legal Alert/Article
October 25, 2012, previously published on October 2012
European Court of Justice confirms limitation of certification and marketing of vegetable seed to seed of a variety that is officially accepted for inclusion in the official catalogues in one or more Member States (Case C-59/11 - Association Kokopelli v Graines Baumaux SAS)

 

HTMLCITIZEN SUIT WATCH: Federal District Court Opens the Door to Clean Water Act Regulation of Agricultural Tile Drainage Systems
Sherrie A. Armstrong, David Chung, Kirsten L. Nathanson; Crowell & Moring LLP;
Legal Alert/Article
October 18, 2012, previously published on October 12, 2012
In Pacific Coast Federation of Fishermen's Ass'ns v. Glaser, -- F. Supp. 2d -- , 2012 WL 3778963 (E.D. Cal. 2012), the court declined to dismiss a citizen suit that, if successful, would expand the reach of the Clean Water Act (CWA) to previously unregulated subsurface agricultural tile drainage...

 

HTMLWhat Every Business and Lender Should Know About PACA
Daniel T. Desmond; Barley Snyder;
Legal Alert/Article
October 11, 2012, previously published on October 10, 2012
PACA stands for the Perishable Agricultural Commodities Act, a Depression-era federal statute that protects growers and suppliers of unprocessed fruits and vegetables. PACA creates a floating, non-segregated trust on buyer’s accounts receivable and inventory. This provides PACA suppliers...

 

HTMLSpring/Summer 2012 Right To Farm Act Court Of Appeals Decisions
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
October 10, 2012, previously published on October 2012
This spring and summer, the Michigan Court of Appeals and the Sixth Circuit Court of Appeals issued decisions regarding Michigan’s Right to Farm Act. The Right to Farm Act provides that "[a] farm or farm operation shall not be found to be a public or private nuisance if the farm or farm...

 

HTMLCalifornia Proposition 37
Michelle Gillette, Daniel J. Herling, Howard I. Miller; Keller and Heckman LLP;
Legal Alert/Article
October 8, 2012, previously published on October 5, 2012
By many accounts, California voters currently support Proposition 37, the "Right to Know Genetically Engineered Food Act," by a 2 to 1 margin. If passed, Proposition 37 would require clear and conspicuous labeling on foods produced through genetic engineering as of July 1, 2014. Its...

 


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