Administrative Agency Agriculture

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EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

FDA Publishes Four Key Supplemental Proposed Rules Under the Food Safety Modernization Act

The Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) was signed into law on January 4, 2011. This groundbreaking piece of legislation is aimed at improving FDA’s capacity to prevent, detect, and respond...more

Groundwater Basin Boundaries and Priorities Will Impose New Management Challenges on Local Agencies

The Sustainable Groundwater Management Act, which takes effect Jan. 1, requires that the Department of Water Resources categorize each of California’s 515 alluvial groundwater basins and subbasins as high, medium, low, or...more

Food and Beverage News and Trends - Food and Beverage Alert (US): September 2014

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Poll indicates strong support by parents for school lunch standards. On...more

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

UPDATE: D.C. Circuit Clarifies Standard for Required Factual Disclosures

The D.C. Circuit issued its en banc opinion in American Meat Institute v. U.S. Department of Agriculture. The Court agreed with the panel's decision and specifically held that the test for assessing government mandates...more

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Senators express concern about FDA’s use of draft guidance documents to...more

FDA Draws Criticism With Proposed FSMA Animal Feed Rule And Breweries

FDA's chief food safety inspector, Michael Taylor, recently stated that the agency has "no intention" of preventing breweries from giving spent beer grains to farmers for cattle feed. The FDA's proposed rule would have...more

FDA Refuses to Settle “All Natural” Debate

The U.S. Food and Drug Administration (FDA) has officially refused requests from several courts (discussed here and here) for a determination of whether and under what circumstances food products containing genetically...more

The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

Bidding on State Land Trust Leases: Even the Top Revenue-Generating Bids Must be Balanced Against Qualitative “Best Use” Factors...

The Court of Appeals recently held that that the Commissioner of the State Land Trust Department properly balanced Wildearth Guardians, Inc.’s higher revenue-generating bid against “best use” qualitative factors set forth in...more

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

Two More Courts Defer to the FDA in Food “Misbranding” Class Actions

We previously reported Judge Yvonne Gonzalez Rogers’ decision to stay proceedings in the Cox v. Gruma Corp. matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be...more

Ninth Circuit Affirms APHIS's Deregulation of Roundup Ready Alfalfa in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir....

On May 17, 2013, the Ninth Circuit Court of Appeals issued a game-changing decision regarding court challenges to APHIS deregulation determinations for genetically engineered (GE) plants and agricultural commodities -- in...more

FDA Proposes New Rules Regarding Growing, Harvesting, Packing And Holding Domestic And Foreign Produce

On January 5, 2013, the U.S. Food and Drug Administration (FDA), as part of a continuing overhaul of the United States’ food safety laws under the Food Safety Modernization Act (FSMA), published proposed rules regarding the...more

A Victory for Water Users in Siskiyou County

Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

The Fiscal Cliff Deal’s Impact on Clean Energy - Contains key tax provisions for renewable energy but funding for USDA energy...

Capping weeks of intense negotiations between the Obama Administration and Congressional leaders to avert the fiscal cliff, the House of Representatives late on the night of Jan. 1 passed HR 8, the American Taxpayer Relief...more

Education Update, No. 1, January 2013: Give Generously, Keep It Legally

About a month ago, one of the school’s families that owns a popular restaurant and bar held a special fundraising event whereby 20% of the proceeds from every meal served were donated to the school. The school sent out email...more

Growing Michigan - Fourth Quarter 2012

In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more

Siskiyou Superior Court Rules that the Act of Diverting Water is Not Subject to Regulation Under California Fish and Game Code...

On December 24, 2012, the Siskiyou Superior Court issued its decision in Siskiyou County Farm Bureau v. California Department of Fish and Game, Case No. SC SC CV 11-00418....more

Hamilton Growers to Pay $500,000 to Settle EEOC Race/National Origin Discrimination Lawsuit

ATLANTA - Hamilton Growers, Inc., doing business as Southern Valley Fruit and Vegetable, Inc., an agricultural farm in Norman Park, Ga., has agreed to pay $500,000 to a class of American seasonal workers - many of them...more

Energy And Environment Update -- December 2, 2012

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Commerce; Department of Defense; Department of Energy; Department of Interior; Department of Justice;...more

Three Weeks after President Obama's Re-Election: Insights into Executive Branch Energy Funding, Federal Policy, and White House...

Despite uncertainty heading into the 2012 election, the incumbent president secured a second term and the congressional landscape remains largely the same. For energy and clean tech, this means an almost seamless continuation...more

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