*Federal court denies motion to dismiss in lawsuit over electronic ear tag requirement for cattle. A federal judge in South Dakota has denied a motion to dismiss a lawsuit filed by R-Calf and other agricultural groups challenging the USDA mandate requiring electronic ear tags for certain cattle and bison crossing state lines. This means the lawsuit will proceed with discovery. [Read article here.]
Photo by Ivana Vávrová on Unsplash
*Federal appellate court upholds Massachusetts Question 3 law regarding animal confinement statutes. The United States Court of Appeals for the First Circuit recently upheld the trial court’s ruling upholding Massachusetts Question 3, a law related to animal confinement statutes. The law, similar to California’s Proposition 12, requires certain animal husbandry practices for all pork sold in Massachusetts. The plaintiffs, a group of pig farmers and a pork processor, filed suit challenging the law on a number of grounds. The trial court found in favor of the defendants on all but one claim (which was related to an exemption for federally inspected facilities in Massachusetts). The court of appeals affirmed. [Read Opinion here.] We will have a full blog post on this opinion in the coming weeks.
*New World Screwworm updates. Although not a legal issue, there has been a lot of talk about the New World Screwworm in the news. A couple of week ago, a New World Screwworm case was found just 70 miles south of the Texas Border in Nuevo Leon, Mexico. [Read article here.] This week, another case was reported 170 miles from the border. [Read article here.] Also in the last two weeks, the FDA conditionally approved the first product to prevent and treat New World Screwworm, Dectomax-CA1. [Read press release here.] Remember, Texas A&M AgriLife has its own dedicated New World Screwworm page with lots of information.
* Plaintiffs appeal decision upholding air emissions reporting exception for livestock and poultry producers. You may recall from this prior article that the United Stated District Court for the District of Columbia recently upheld an exemption to air emissions reporting for livestock and poultry operations. The plaintiffs have filed an appeal to that decision. [Read Notice of Appeal here.]
*Special master to consider another proposed settlement in Texas v. New Mexico lawsuit. Last week, a special master was presented and will now consider a proposed settlement between the parties in Texas v. New Mexico, a decades long lawsuit regarding the Rio Grande river. [Read article here.]
*North Dakota farmers seek review of eminent domain lawsuit by US Supreme Court. North Dakota landowners who fought what they believed was a lowball offer in an eminent domain lawsuit and received a significantly higher award than that initial offer after a trial. A trial court judge awarded the landowners reimbursement of their attorney’s fees. The US Court of Appeals for the Eighth Circuit reversed this attorney fee ruling. The landowners are now seeking review before the US Supreme Court. [Read article here.] Additionally, the attorneys general from 12 states, including Texas, have filed an amicus curiae brief asking the court to take the case. [Read brief here.]
*Triumph Food files suit challenging constitutionality of California Proposition 12. Triumph Foods has filed a lawsuit claiming that Proposition 12 unlawfully discriminates against out-of-state pork producers and processors. Triumph successfully brought a similar challenge against the same language in Massachusetts’ law Question 3. The lawsuit claims that by offering an exception to the Prop 12 requirements for federally inspected facilities, it discriminates against out-of-state producers and facilities who are required to comply with the Prop 12 standards. [Read article here.]
*Are you an agricultural lawyer? Here are two things you need to do! First, the National Agricultural Law Center is working to pull together a list of ag law attorneys across the country to give to folks calling into the Center looking for representation. If you want to be included, fill out the form at this link! Second, be sure you are registered for the American Agricultural Law Association Conference in Scottsdale, AZ in November. Don’t know anyone–don’t worry! You know me, and I’ll introduce you around. Get more info here.
Upcoming Presentations
Next week, I’ll be guest lecturing in two classes. I’ll be talking key ag law issues for Dr. Jason Cleere’s animal science class at Texas A&M and teaching on Texas groundwater law for Jesse Richardson at the West Virginia University College of Law. After that, I’ll be headed to watch my kids show at the State Fair of Texas in Dallas. If you see me out and about at the fair, be sure to say hi!
Also, we’re getting down to the last few open seats at our Owning Your Piece of Texas and Ranchers Leasing Workshops in Bryan on October 29-30. If you are planning to attend, be sure you get registered before we’re full!
