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HTMLSouthern District Of Texas Refuses To Remand Case Regarding a Rule 11 Agreement Entered Into Between the Mostyn Law Firm and State Farm
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 9, 2013, previously published on July 29, 2013
This past Tuesday, a Federal District Court Judge in the Southern District of Texas denied a plaintiffs’ Motion to Remand because diversity allegedly existed in a putative class action suit. The legal issues involved a Rule 11 agreement regarding State Farm’s agreement from several...


HTMLSolar Farms - New Guidance
Dentons Canada LLP;
Legal Alert/Article
August 7, 2013, previously published on August 1, 2013
As part of its ongoing struggles to reconcile localism and sustainable energy production, the Government has now published planning guidance to clarify its position. The companion guide to PPS22 has been repealed and replaced with new, short planning guidance that sits alongside the NPPF. The new...


HTMLUSDA OIG Reviews Implementation of Access to Pasture and Related Rules for Organic Dairy Cattle
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 7, 2013, previously published on August 6, 2013
The Organic Foods Production Act requires that the U.S. Department of Agriculture (“USDA”) establish national standards for the production and handling of organic products to assure that agricultural products marketed as organic meet consistent uniform standards. USDA established the...


HTMLThe Benefits of a Farm Endorsement
Dirk H. Beckwith; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
August 1, 2013, previously published on August 2013
Farm endorsement: an endorsement on a farmer’s driver’s license allowing him to drive the commercial type vehicles used in farming without having to comply with all the federal safety regulations normally assigned to commercial truck drivers.


HTMLMindful of Manure: Federal Court Decides Cow Pies Could Be Regulated Waste
Krysta Gumbiner; Taft Stettinius Hollister LLP;
Legal Alert/Article
July 31, 2013, previously published on July 30, 2013
In June 2013, the Eastern District of Washington federal court denied a motion to dismiss filed by a group of dairy farmers who were sued by the Community Association for Restoration of the Environment, Inc. (“CARE”) in four separate cases. CARE brought this lawsuit under the citizen...


HTMLFailure to Use Social Security's Death Master File May Affect U.S. Crop Insurance Industry Too, U.S. Government Accountability Office Reports
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 31, 2013, previously published on July 29, 2013
Payments of federal crop insurance, agricultural disaster assistance and other agricultural-related safety-net benefits to deceased individuals remains a longtime issue since it was first noted in 2007, according to a report released by the U.S. Government Accountability Office ("GAO"),...


HTMLAmended COOL Regulations Constitutionally Uncool
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
July 24, 2013, previously published on July 22, 2013
In a lawsuit filed in federal court, meat industry representatives have challenged the constitutionality of Country of Origin Labeling (“COOL”) regulations as amended by USDA’s Agricultural Marketing Service (“AMS”) in May of 2013. To understand the origin of the...


HTMLFarming Solar Rays: County Decision to Approve Industrial-Scale Solar on Williamson Act Lands OK'd
Jeffrey W. Forrest, Kurt Siegal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 16, 2013, previously published on July 11, 2013
In Save Panoche Valley et al. v. San Benito County, the Sixth District Court of Appeal held that San Benito County had not violated the Williamson Act or the California Environmental Quality Act when it approved construction of a 420-megawatt solar project on land designated as “agricultural...


HTMLIncreased Regulatory Burdens for the Use of Aquatic Pesticides
Megan R. Galey, Carlota Hopinks-Baul, Robert F. Wilkinson; Husch Blackwell LLP;
Legal Alert/Article
July 11, 2013, previously published on July 8, 2013
On June 27, 2013, the Environmental Protection Agency (EPA) issued a final rule that removed the exemption for pesticide applications near U.S. waters from the National Pollutant Discharge Elimination System (NPDES) permit requirements in accordance with the U.S. Court of Appeals’ decision in...


HTMLAttention Livestock Dealers: Understand the New Dealer Law
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 4, 2013, previously published on June 2013
On October 1, 2012, a new Michigan law went into affect that has implications for certain people or businesses who engage in selling livestock in Michigan. The law, Public Act 317, was designed to control the spread of infectious diseases of livestock and animals in Michigan. It now requires those...


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