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Wont Crack: California’s Egg Sales Law Stands Up to First Attack.

The U.S. Supreme Court declined to review a challenge to California’s egg sale law that was filed by several states, including Iowa. The complaint comes against the law’s requirement that egg producers in Iowa have to modify their operations and increase costs to sell eggs in California under its state law. The Supreme Court didn’t decide the merits, but simply decided the State did not have the “standing” or legal status, to challenge the law. Iowa is a top egg producer and this is not good for other forms of ag either, as California is a large consumer of ag products and subject to ballot measures that groups can use to quickly change state law.

Snakes in the Mail:  Reptile Keepers Win Against FWS Ban on Giant Snake Trade.

The Lacey Act bans “any shipment” of injurious species (which not surprisingly includes Giant Snakes) “between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States.” The U.S. Fish and Wildlife Service interpreted the shipment clause to ban transport between the 49 continental states as well.

The United States Association of Reptile Keepers (ARK) challenged the rule, arguing language of “between” covers only shipments between the listed jurisdictions and the continental United States. The district court found the law does not bar shipments between the 49 continental states.  Look for the next Amazon Prime day for a special on King Cobras with free shipping.

No Dolphins Hurt, Only Pocket Books. Bumblebee Tuna Will Plead Guilty to Price Fixing Charges.

Bumble Bee Foods has agreed to plead guilty to federal charges of price fixing. Bumblebee Tuna, Chicken of the Sea, and StarKist agreed to fix the prices of shelf stable tuna fish from 2011-2013. In addition to pleading guilty, Bumble Bee has also agreed to pay a $25 million criminal fine. Two of Bumble Bee senior vice president have also pled guilty to fixing prices.  Walmart, and several other retailers, have filed civil suits against the tuna companies, alleging that the price fixing has been a long-lasting conspiracy.

Out of Water: EPA & U.S. Army Corps of Engineers Move Away Expansive Water Jurisdiction.

The Environmental Protection Agency, Department of Army, and Army Corps of Engineers are proposing a rule to rescind the Clean Water Rule and move back to the regulations that existed prior to 2015 defining “waters of the United States” or WOTUS. This will hopefully, shrink the EPA’s jurisdiction as well as the Corps of Engineers.

Montana Beef Producers Rustle Up a Stay of the Beef Check Off Program.

The Federal District of Montana confirmed a lower court ruling that the USDA beef checkoff program violates the First Amendment rights of the state’s cattle ranchers.  The ruling is a noteworthy development as the check offs are widely considered government speech. I still enjoy the “BEEF: Its what’s for dinner” ad campaign that the check off funded, and the “Support Beef: Run over chicken” bumper sticker, though I am not sure that was check off dollar supported.

After Years of Fighting Against COOL, Now Farmers are Suing to Implement it.

A suit against the USDA alleged that country-of-origin labeling (COOL) regulations are harming farmers and misleading consumers. The farmers claimed that not having COOL “reinstated regulations that reclassify imported beef and pork as domestic goods, enabling that meat to be passed off as a United States product.” 

Incomplete Job: Dakota Access Pipeline Needs New Environmental Impact Assessment.

In June, the Federal Court for the District of Columbia found that the US Army Corps of Engineers did not consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice for the Dakota Access Pipeline process. The Corps will have to reconsider those sections of its environmental analysis. However, the court also declined to stop the pipeline’s operation and indicated that it is an issue for another day. Classic example of both sides being able to claim a victory from one ruling.

Silence is Consent: Court Considers Actual Production History (APH) Yield Exclusion 

A group of winter wheat farmers challenged how federal crop applied the Actual Production History (APH) Yield Exclusion to their crop insurance claims.. The court found that Congress addressed other crops specific application/implementation language but did not for winter wheat. This indicates an intention to allow the existing law to be applicable. 

Monsanto Not Responsible for Off Label Use of Dicamba by Farmers.

A claim was made in court that Monsanto should foresee the illegal use of dicamba and be held responsible for those who are injured by a farmer’s off label use. However, because of the use of warning labels placed on the seed products, the claim was rejected. Monsanto included warning labels, providing notice to farmers that the spraying of dicamba on GE crops would be in violation of state and federal law. So yeah, labels will still be a thing for a long time.

In other dicamba litigation, a group of Arkansas farmers allege that Monsanto’s and BASF’s “negligent control, development, and distribution of the dicamba crop system . . . proximately caused significant and material injury and damage to Plaintiffs’ crops in 2016.” The lawsuit states that farmers who did not plant dicamba-resistant seeds had no way of protecting themselves, and have been victimized by Monsanto’s and BASF’s conduct. The case is pending.

Data Dump Costs the EPA: Farm Groups and EPA Reach Privacy Settlement Regarding Agricultural Data

The American Farm Bureau reached a settlement regarding violation of the Freedom of Information Act brought by AFB and the National Pork Producers Council against the EPA. The litigation started after EPA released spreadsheets containing personal information about farmers and ranchers in 29 states who raise livestock and poultry. In some cases this included the names of farmers, ranchers, other family members, home addresses, email addresses, GPS coordinates and telephone numbers.

 

 

Sunday, December 08, 2019
  • Patrick B. Dillon
  • Jill Dillon
Dillon Law PC
Patrick B. Dillon enjoys finding solutions to legal issues and catching problems for clients. Pat practices in the Sumner office regularly represents clients in district, associate district and magistrate courts for agricultural, real estate, criminal and collection issues. He drafts wills and trusts, creates estate plans and helps clients through the probate process.
Dillon Law PC
Jill Dillon focuses on family law, estate planning and IRS matters. Jill is a University of Northern Iowa undergraduate (Political Science Cum Laude) and a Drake University Law School graduate. Jill spent extensive time advocating for low income tax payers in front of the IRS and the State of Iowa Department of Revenue while at Drake.

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