Agriculture Constitutional Law

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Georgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities....more

New important laws and proposed amendments to the Constitution of Azerbaijan

The Azerbaijani Parliament has recently adopted several new important laws and proposed amendments to the Constitution of Azerbaijan. Below we summarize the Law of the Republic of Azerbaijan “On Antidumping and Countervailing...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

Agreement Reached on Bipartisan Federal GMO Food Labeling Bill

Provides Practical, Mandatory Disclosure and Preempts State GMO Labeling Laws - Senate Agriculture Committee leaders reached agreement June 23, 2016, on a bill that would require food containing genetic material modified...more

NC Legislative Update - June 2016 #3

This Week - Both chambers accelerated pace in an eventful week as several Committees met more than once throughout the week with some even meeting after the day’s floor session. Senior House Appropriations Chairman Rep....more

Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval

For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens...more

SC Public Policy Update - May 2016 #2

What's New - SENATE - It was a short but busy week in the Senate as members worked through numerous bills remaining on the Senate calendar. The Senate gave third reading on Thursday to H. 5009, relating to the...more

New NC "Ag-Gag" Law Might Conflict with NLRB View of Concerted Activity Rights

North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more

Updates to New Hampshire’s “Dealer Bill of Rights”: What Equipment Manufacturers Need to Know

After two years of litigation, Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act — the so-called “Auto Dealer’s Bill of Rights” (codified at RSA 357-C) — has survived scrutiny by the New Hampshire...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Expanding Your View of Takings Law

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

Food for Thought: Ninth Circuit Holds Food Manufacturers Can Label Honey as "Honey"

Last month, the Ninth Circuit Court of Appeals affirmed a district court’s finding that federal law preempts California law to the extent California law prohibits de-pollinated honey from being labeled and sold as...more

Supreme Court Puts Its “Takings Law” Foot Down

In Horne I, the Supreme Court held that a property owner, facing a governmental enforcement action, can assert as a defense that the action effects a “taking” of one’s property (here, a raisin crop) “without just...more

Supreme Court Update: Horne V. Dep't Of Agriculture (14-275), Kimble V. Marvel Entertainment (13-720), Patel V. City Of Los...

Raisins, radioactive wrists, Red Roof registries, and reformatory roughhousing were all on the Court's radar Monday (it's a very broad radar horizon), as it issued decisions in Horne v. Dep't of Agriculture (14-275), holding...more

The California Raisins Strike Back

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that...more

Supreme Court Decides Horne v. Department of Agriculture

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Update - Late Thursday afternoon, Governor LePage released a change package to his...more

District Court Dismisses Country of Origin Labeling Lawsuit

The U.S. District Court for the District of Columbia has dismissed the lawsuit filed by meatpackers and trade groups against the U.S. Department of Agriculture. This lawsuit challenged the constitutionality of a meat labeling...more

California Egg Producer Fails to Crack New Shelled Egg Law

The Ninth Circuit recently upheld California’s Proposition 2, Cal. Health & Safety Code §§ 25990-25991, agreeing with the U.S. District Court for the Central District of California that the new shelled egg law is...more

Uncovering Factory Farming - The Effects of Ag Gag Laws [Video]

Ag-Gag laws, or whistleblower laws specific to the factory farming industry, have been prevalent in recent news as new laws are both enacted and struck down in states across the nation. These laws illuminate the...more

Blog: Appellants File Supplemental Brief Opposing Conflict Minerals Disclosure Requirement

In the final week of 2014, appellants National Association of Manufacturers, U.S. Chamber of Commerce and Business Roundtable filed their supplemental brief in the conflict minerals case, National Association of...more

Do Takes of the Utah Prairie Dog Affect Interstate Commerce? Only When McDonalds Starts Serving Prairie Burgers

Earlier this week, in a suit brought by the beautifully named People for the Ethical Treatment of Property Owners, Judge Dee Benson ruled that the United States Fish and Wildlife Service could not regulate takes of the Utah...more

Court Holds Congress Lacks Power to Regulate Take of Intrastate Species that Has No Substantial Effect on Commerce

On November 4th, the U.S. District Court for the District of Utah invalidated the special rule issued by the U.S. Fish and Wildlife Service (Service) regulating take of the threatened Utah prairie dog, a species that only...more

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