by Rusty | Aug 28, 2019 | Ag & Food Law Update, Daily Update, Farm Bill, Hemp, United States Department of Agriculture
JUDICIAL: Includes Hemp Big Sky Scientific LLC, Plaintiff v. Idaho State Police, Ada County, Jan M. Bennetts, in Her Official Capacity as Ada County Prosecuting Attorney, Defendants, No. 1:19-cv-00040-REB, 2019 WL 2613882 (D. Idaho Crim. R. Feb. 19, 2019) Idaho State...
by Brigit Rollins | Aug 27, 2019 | Ag & Food Law Update, Climate Change, Endangered Species Act, Fish and Wildlife Service
The Trump administration, on August 12, 2019, announced changes to the Endangered Species Act (ESA). These changes affect what species receive ESA protections, the designation of critical habitats, and the amount of protection afforded to threatened species....
by Rusty | Aug 27, 2019 | Ag & Food Law Update, Daily Update, Environmental Protection Agency, Fish and Wildlife Service, Pesticides
A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. JUDICIAL: Includes Employment Kelsey v. Hourigan, No. CA 18-01742, 2019 WL 3954537 (N.Y. Ct. App. R. August 22, 2019). A...
by Rusty | Aug 26, 2019 | Ag & Food Law Update, Bankruptcy, Checkoff Programs, Commodity Programs, Daily Update, Environmental Protection Agency, Fish and Wildlife Service, Food and Drug Administration
A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. JUDICIAL: Includes Checkoff Program Humane Society of the United States, et al., Appellees/Cross-Appellants v. Sonny PERDUE,...
by Elizabeth | Aug 23, 2019 | Ag & Food Law Update, Daily Update
JUDICIAL: STATE OF GEORGIA, et al., Plaintiffs, v. ANDREW R. WHEELER, in his official capacity as Acting Adm’r, U.S. Envtl. Prot. Agency, et al., Defendants. Additional Party Names: Am. Farm Bureau Fed’n, Am. Forest & Paper Ass’n, Am. Petroleum...
by Elizabeth | Aug 22, 2019 | Ag & Food Law Update
By: Rusty Rumley, Senior Staff Attorney A temporary restraining order (“TRO”) was granted early this week, putting on hold a recent Missouri state law that was to go into effect on August 28, 2019 (S.B. 391). This law was intended to curtail the power of...
by Elizabeth | Aug 22, 2019 | Ag & Food Law Update, Daily Update
JUDICIAL: IN RE SYNGENTA MASS TORT ACTIONS This Document Relates to: Tweet et al. v. Syngenta AG et al., & Poletti et al., No. 3:15-CV-01221-NJR, 2019 WL 3887515 (S.D. Ill. Aug. 19, 2019) This matter is before the Court on the Report and Recommendation of Special...
by Elizabeth | Aug 21, 2019 | Administrative Law, Ag & Food Law Update, Agricultural Marketing Service, Animal and Plant Health Inspection Service, Animal Identification, Aquaculture, Bankruptcy, Biofuels, Biosecurity, Biotechnology, Daily Update, Environmental Law, Environmental Protection Agency, Farm Service Agency, Federal Insecticide, Fungicide, and Rodenticide Act, Federal Loan Programs, Finance and Credit, Fish and Wildlife Service, Food and Nutrition Service, Food Safety, Food Safety and Inspection Service, Forest Service, International Trade, Marketing Orders, National Environmental Policy Act, Nutrition Programs, Pesticides, Taxation, United States Department of Agriculture
REGULATORY: Notice: Environmental Protection Agency (EPA); EPA is announcing the availability of documents and dates for the peer review of the draft risk evaluation for 1-Bromopropane (1-BP). The purpose of the risk evaluations under the Toxic Substances Control Act...
by Elizabeth | Aug 16, 2019 | Ag & Food Law Update, Animal and Plant Health Inspection Service, Biosecurity, Biotechnology, Daily Update, Environmental Law, Environmental Protection Agency, Federal Insecticide, Fungicide, and Rodenticide Act, Food and Nutrition Service, Foreign Agricultural Service, Forest Service, Forestry, International Trade, Nutrition Programs, Pesticides, United States Department of Agriculture
REGULATORY: Notice: Food and Nutrition Service (FNS), U.S. Department of Agriculture (USDA); In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection....
by Elizabeth | Aug 12, 2019 | Ag & Food Law Update, Daily Update, Food Labeling
JUDICIAL: LEE & RITA DVORAK, Plaintiffs-Appellants, v. OAK GROVE CATTLE, L.L.C., Defendant-Appellee., No. 18-1624, 2019 WL 3729469 (Iowa Ct. App. Aug. 7, 2019) The Dvoraks own property in rural Mitchell County. Beginning in 2006, Oak Grove has operated a cattle...
by Elizabeth | Aug 9, 2019 | Ag & Food Law Update, Agricultural Marketing Service, Commodity Credit Corporation, Daily Update, Farm Service Agency, United States Department of Agriculture
JUDICIAL: TURKEY KNOB GROWERS, INC., Plaintiff, v. EAST COAST IMPEX LLC, et al., Defendants. Additional Party Names: Srinivas Sathyavedu Kalyan, No. 118CV01295TSEIDD, 2019 WL 3729002 (E.D. Va. July 22, 2019) Plaintiff is a Virginia company that sells wholesale...
by Elizabeth | Aug 8, 2019 | Ag & Food Law Update, Clean Water Act, Daily Update, Environmental Protection Agency, United States Department of Agriculture, Water Law
JUDICIAL: J & L Brown Family, LLC v. Bradshaw, 772 F. App’x 757 (10th Cir. 2019) In January 2018, J & L filed a petition in Kansas state court to foreclose on the mortgage based on the Bradshaws’ default on the loan. The United States removed the case to...
by Elizabeth | Aug 7, 2019 | Ag & Food Law Update, Animal and Plant Health Inspection Service, Clean Air Act, Daily Update, Environmental Protection Agency, Food Safety and Inspection Service, United States Department of Agriculture
JUDICIAL: Amerifresh Inc., Plaintiff, v. So Ono Food Prod. LLC, et al., Defendants. Additional Party Names: Fresh Foods Hawaii Inc., Mibo Fresh Foods LLC, Paul A. Janiak, Richard C. Wheeler, Uzor U. Nwoko, No. CV-19-01331-PHX-DJH, 2019 WL 3532156 (D. Ariz. Aug. 2,...
by Elizabeth | Aug 2, 2019 | Ag & Food Law Update, Daily Update, Department of Labor, Estate Planning, Fair Labor Standards Act, Farm Labor, Food and Nutrition Service, Immigration, Labor, Nutrition Programs, Pesticides, Specialty Crops, United States Department of Agriculture
JUDICIAL: ALEXANDRA KNOP, ET AL. v. PETER J. KNOP, ET AL. Additional Party Names: Diana Knop, James Cummings, No. 180329, 2019 WL 3484092 (Va. Aug. 1, 2019) Ticonderoga Farms is a family company that owns nearly 1,000 acres of land in fast-growing Loudoun County. The...
by Elizabeth | Aug 1, 2019 | Administrative Law, Ag & Food Law Update, Agricultural Marketing Service, Daily Update, Farm Bill, Forest Service, Forestry, United States Department of Agriculture
REGULATORY: Notice: Agricultural Marketing Service, USDA; The Agricultural Marketing Service (AMS) is announcing the fees it will charge warehouse operators for voluntary services associated with the administration of the United States Warehouse Act. This action...
by Elizabeth | Jul 31, 2019 | Administrative Law, Ag & Food Law Update, Agricultural Marketing Service, Animal and Plant Health Inspection Service, Animal Feeding Operations, Bankruptcy, Biosecurity, Clean Water Act, Daily Update, Federal Loan Programs, Finance and Credit, Food and Nutrition Service, Food Safety, Forest Service, Forestry, International Trade, Leases, Nutrition Programs, United States Department of Agriculture, Zoning
Judicial: K Tre Holdings, LP v. Missouri Dep’t of Nat. Res., No. SD 35512, 2019 WL 3369270 (Mo. Ct. App. July 26, 2019): K Tre Holdings, LP, Sharon Engle, Frances Hare and Jes Blair (collectively referred to as K Tre) seek judicial review of the decision of the...
by Elizabeth | Jul 26, 2019 | Ag & Food Law Update, Daily Update, Environmental Protection Agency, Food and Nutrition Service, Pesticides, United States Department of Agriculture
JUDICIAL: Cleveland Nat’l Forest Found. v. Cty. of San Diego, No. D073744, 2019 WL 3334421 (Cal. Ct. App. July 25, 2019) Real party in interest and respondent Genesee Properties, Inc. (Genesee) sought tentative map approval from respondent County of San Diego...
by Elizabeth | Jul 25, 2019 | Ag & Food Law Update, Agricultural Liens, Daily Update, Estate Planning, heirs property, Landowner Liability, NALC Resources, Water Law
JUDICIAL: ESTATE OF WILBUR M. ARNOLD, WILLIAM D. ARNOLD, Plaintiff-Appellant, v. BRUCE C. ARNOLD, Individually & as Ex’r, KAREN L. HEUER, as Ex’r, STEVEN C. ARNOLD, as Ex’r, BCA FARMLAND CORPORATION, ARLYS L. ARNOLD, DON R. ARNOLD, LANCE J....
by Elizabeth | Jul 24, 2019 | Ag & Food Law Update, Daily Update, Landowner Liability, Water Law
JUDICIAL: GLENN-COLUSA IRRIGATION DISTRICT, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS; ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS JO- ELLEN DARCY, in her official capacity; LIEUTENANT GENERAL TODD SEMONITE, in his official capacity; & COLONEL DAVID...
by Elizabeth | Jul 19, 2019 | Ag & Food Law Update, Daily Update, Food Labeling
JUDICIAL: Agrifund, LLC v. Radar Ridge Planting Co., 52,432 (La. App. 2 Cir. 7/17/19) This case arises from agricultural loans that were not repaid. The lender, Agrifund, LLC (“Agrifund”), appeals from a trial court judgment granting exceptions of no cause of action...