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|Mindful of Manure: Federal Court Decides Cow Pies Could Be Regulated Waste|
Krysta Gumbiner; Taft Stettinius Hollister LLP;
July 31, 2013, previously published on July 30, 2013In 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...
|Failure 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.;
July 31, 2013, previously published on July 29, 2013Payments 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"),...
|Amended COOL Regulations Constitutionally Uncool|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
July 24, 2013, previously published on July 22, 2013In 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...
|Farming 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;
July 16, 2013, previously published on July 11, 2013In 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...
|Increased Regulatory Burdens for the Use of Aquatic Pesticides|
Megan R. Galey, Carlota Hopinks-Baul, Robert F. Wilkinson; Husch Blackwell LLP;
July 11, 2013, previously published on July 8, 2013On 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...
|New Agricultural Guestworker Act Proposed in House|
Ryan E. Lamb; Foster, Swift, Collins & Smith, P.C.;
July 4, 2013, previously published on June 2013The Agricultural Guestworker Act (AG Act) of 2013 (H. R. 1773), a bill to provide American farmers with a revised temporary guestworker program, was introduced into the House of Representatives in late April.
|Attention Livestock Dealers: Understand the New Dealer Law|
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
July 4, 2013, previously published on June 2013On 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...
|Farm Bill to Move in the House Next Week|
McDonald Hopkins LLC;
June 19, 2013, previously published on June 14, 2013House Agriculture Committee Chairman Frank Lucas (R-OK) said on Thursday he believes the farm bill will come up on the House floor next week and be finished in two days-assuming the whip count shows that he and ranking member Rep. Collin Peterson (D-MN) are close to the 218 votes they need for...
|President Obama Issues a Memorandum Encouraging Development of the U.S. Electric Transmission Grid|
Peter S. Glaser, Kevin C. Greene, Daniel L. Larcamp, Clifford S. Sikora, Lara L. Skidmore; Troutman Sanders LLP;
June 19, 2013, previously published on June 17, 2013On June 7, 2013, President Obama issued a memorandum titled “Transforming our Nation’s Electric Grid Through Improved Siting, Permitting and Review.” The memo directs the Secretaries of Agriculture, Commerce, Defense, Energy, and the Interior (collectively the...
|Monsanto Avoids Declaratory Judgment Action Brought by Organic Farmers|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
June 14, 2013, previously published on June 13, 2013In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from asserting its patents against these farmers for inadvertent...