Search Results for: proposition 12

United States Supreme Court Allows Proposition 12 to Stand

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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

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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 →

February 2, 2024 Weekly Round Up

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February is coming in hot on the agricultural law front!  We have a number of updates on important issues from around the country. *Oral argument set at SCOTUS for Texas v. New Mexico. The United States Supreme Court will hear arguments in Texas v. New Mexico, a water law case involving the Rio Grande on March 20.  You may recall from prior blog posts that Texas sued New Mexico claiming New Mexico failed to honor the spirit of a 1938 compact providing for certain deliveries of water on the Rio… Read More →

2023 Ag Law Year in Review – National

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I am always amazed when I sit down and look at all of the agricultural law news over the last year.  2023 was no exception, and there was no shortage of news in the ag law realm.  If you prefer to listen rather than read, or want to do both, check out this podcast episode I did with Paul Goeringer recapping the year. Here is my list of the key ag law issues for 2023 across the country. WOTUS Definition Yet again, there was significant movement on the… Read More →

A Tofurkey Lawsuit for Thanksgiving Week

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How better to celebrate the week of Thanksgiving than by taking a look at a lawsuit involving tofurkey? In October, Turtle Island Foods (“The Tofurkey Company”) and the Plant Based Foods Association filed and Amended Complaint in a  lawsuit against the State of Texas claiming that the newly enacted Texas meat labeling law is unconstitutional. Turtle Island Foods SPC v. Abbott was filed in the United States District Court for the Western District of Texas. [Read Amended Complaint here.] Do note that this blog post outlines the claims… Read More →

October 13, 2023 Weekly Round Up

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Well, better late than never as the saying goes.  We’re sneaking in right before the clock strikes midnight with our recap of some of the biggest ag law stories in the news over the past few weeks. *SEC Chair testifies that privately held farms will be exempt from climate emissions reporting under forthcoming rule.  Last month, Gary Gensler, the Chair of the Securities and Exchange Commission told Congress that the SEC intends to exempt privately owned farms from climate emissions reporting requirements when selling to publicly traded companies. … Read More →

August 25, 2023 Weekly Round Up

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Happy Friday!  Once again, we’ve had a number of ag law issues in the news the past couple of weeks. * Bipartisan group of lawmakers ask House Agriculture Committee Chairman not to include EATS Act in the next Farm Bill.  A letter signed by more than 170 lawmakers asks House Ag Committee Chair Glenn “GT” Thompson not to include the EATS Act in a new farm bill.  The Ending Agricultural Trade Suppression Act was proposed after the Supreme Court upheld California’s Proposition 12 and would prohibit such measures in… Read More →

July 14, 2023 Weekly Round Up

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There has been no summer break for news in the agricultural law world.  Here are a few stories in the news recently. *Texas federal court issues stay Biden WOTUS Rule litigation until revised rule released.  A federal judge in Texas issued a stay in litigation challenging the Biden WOTUS Rule, which was promulgated earlier this year.  The stay was issued in light of the recent US Supreme Court decision in Sackett v. EPA, holding that the “significant nexus” test is not the proper method of determining whether a wetland… Read More →

SCOTUS 2022-23 Term Ag Law Recap

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The United States Supreme Court has finished releasing opinions for its 2022-2023 term.  There were a number of opinions related to agricultural law issues that are worth highlighting. Sackett v. EPA [Opinion] We have extensively covered this case dealing with the proper definition of “waters of the United States” under the Clean Water Act.  [Blog post / Podcast episode]  The Justices issued an interesting opinion in which they unanimously held the “significant nexus test” is not the proper test to determine whether a wetland constitutes a WOTUS and that… Read More →

May 19, 2023 Weekly Round Up

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It has been a busy couple of weeks in the agricultural law world! *US Supreme Court rules in Proposition 12 challenge.  The United States Supreme Court issued an opinion in National Pork Producers v. Ross allowing California’s Proposition 12 to stand.  On Wednesday, we published a full summary of the Court’s ruling here.  To read a far shorter summary of the ruling, click here. *US Supreme Court will not hear South Carolina Clean Water Act case.  The US Supreme Court has denied a petition for certiorari in Dakota Finance LLC… Read More →