Search Results for: prop 12

United States Supreme Court Allows Proposition 12 to Stand

Posted on by

The United States Supreme Court has ruled in a closely watched agricultural law case involving California’s Proposition 12.  [Read Opinion here.] Background  In 2018, California voters passed Proposition 12 (“Prop 12”), a ballot initiative setting production standards for eggs, veal, and pork sold in California.  Relevant in this case, Prop 12 prohibited the sale of whole pork meat from breeding pigs or their immediate offspring that were “confined in a cruel manner.”  “Cruel” conditions were defined as a pig being unable to lie down, stand up, fully extend… Read More →

US Supreme Court Will Hear Proposition 12 Challenge

Posted on by

On March 28, the United States Supreme Court granted the petition for certiorari in National Pork Producers v. Ross, a lawsuit challenging the constitutionality of California’s Proposition 12 (Prop 12).  To hear more about animal confinement statutes generally and Prop 12 specifically, click here for a podcast episode I did with Beth Rumley from the National Agricultural Law Center. Background Prop 12, passed by California voters in 2018, makes it illegal to sell pork in California unless the pig from which it comes was born to a sow housed… Read More →

April 12, 2024 Weekly Round Up

Posted on by

The agricultural news continues to roll in from across the country. *Texas farmers file discrimination lawsuit against USDA.  Several Texas farmers have filed suit in federal court against the USDA claiming that in administering payment programs, the USDA illegally discriminated on the basis of race and sex.  Specifically, the farmers argue that the USDA improperly used different payment calculation methods for “socially disadvantaged” farmers (American Indians, Alaskan Natives, Asians, Asian-Americans, blacks/African-Americans, Hispanics, Hispanic-Americans, Native Hawaiians or other Pacific Islanders, and women) than it did for those farmers not… Read More →

Landowner Liability for Accident on Roadway Adjacent to Property

Posted on by

Does a landowner owe a duty of care to a visitor who was killed while crossing a Farm-to-Market road leaving the landowner’s property?  This was the question recently before the Beaumont Court of Appeals in Jones v. Wright.  [Read Opinion here.] Background In December 2018, Daylen Jones, a minor, was killed when he was hit by a truck while crossing across FM 1960 after visiting property owned by the Wrights.  For years, the Wrights set up a Christmas display known as “Wrights’ Lights” and allowed the public to… Read More →

Case Offers Reminder: Property Can Be Landlocked in Texas

Posted on by

A recent Waco Court of Appeals decision in Fort Worth & Western Railroad Co. v. Albert offers an important reminder that property can, indeed, be landlocked in Texas. [Read opinion here.] Background In April 2016, Albert purchased 10 acres of land in Johnson County, Texas to build and operate a cement mixing plant.  To do so, he and two business partners formed Chisholm Trail Redi-Mix, LLC.   The only access to Albert’s property was to cross a single-lane gravel railroad crossing over the neighboring property, currently owned by Ft. Worth &… Read More →

November 12, 2021 Weekly Round Up

Posted on by

Welcome to another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *PRF (Rainfall Insurance) deadline is December 1 for 2022 sign up.  Did you know you can purchase rainfall insurance?  Essentially, PRF insurance allows you to insure a percentage of normal rainfall for your area, and you trigger a payment if rainfall falls below your insured percentage.  This can be a great risk management tool for livestock producers who have cattle or other livestock on grass. … Read More →

Summary of Proposed Texas Hemp Regulations

Posted on by

UPDATE:  On February 27, 2020, the USDA announced that it will temporarily delay enforcement of two provisions of the Interim Final Rule on hemp production. until October 31, 2021 or the publication of the Final Rule, whichever is earlier.  First, the DEA will delay enforcing the requirement that THC testing must be conducted at DEA registered laboratories.  Instead, testing may be conducted by labs that are not yet DEA registered.  Second, USDA will delay enforcement of the requirement that producers use a DEA-registered reverse distrubutor or law enforcement to… Read More →

Case Offers Important Considerations When Purchasing Property

Posted on by

A recent case from the Corpus Christi Court of Appeals, Chapa v. Arrellano, caught my attention and offers the chance to talk through some important reminders for anyone purchasing land. Background In August 2017, Chapa purchased a piece of land from the Arrellanos in Hidalgo County, Texas.  She intended to build a home on the property.  Prior to purchase, she conducted a visual inspection of the land and saw no visible impediment for the construction of a home on the property.  She did not hire a title company or… Read More →

July 12, 2019 Weekly Round Up

Posted on by

Happy Friday!  Here are some of the ag law stories in the news recently. *Texas Supreme Court grants petition for review in Garcia v. Pruski.  As you may recall from this prior post, the San Antonio Court of Appeals issued a ruling in a fence law case involving a bull out on a State Highway in Wilson County, which has a local stock law.  The appellate court found that both the “knowingly permit” standard applicable to state and US highways and the “permit” standard applicable in Wilson County pursuant to… Read More →

January 12, 2017 Weekly Round Up

Posted on by

It was a busy week around here as I traveled to Nashville to speak at the American Farm Bureau Federation Conference.  It was my first time to be on the same agenda as the President, so that was quite exciting!  To those of you joining from that conference, welcome to the blog!  Here are some of the ag law stories in the news this week.   * US Supreme Court will not hear Endangered Species Act case involving Utah prairie dog.  You may remember a case in Utah where… Read More →