Civil Procedure Administrative Agency Agriculture

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U.S. Court of Appeals Blocks New OSHA Fertilizer Rules Because of Improper Rulemaking

The Occupational Safety and Health Administration failed to go through the proper rulemaking process before mandating retailers to implement new stricter storage standards for anhydrous ammonia fertilizer, the U.S. Court of...more

Leaving a Tart Taste in One Processor’s Mouth: Court Dismisses Claims of a Plaintiff Subject to the Tart Cherry Order

Agricultural law can often be complicated, but it is not always this "tart." Burnette Foods, a tart cherry processor in Michigan, has found itself in an ironic position: it is subject to a law that was enacted with...more

California "Organic" Labeling Decision: A Blueprint for More Class Actions of FDA Regulated Products?

In December 2015, the California Supreme Court issued a ruling in Quesada v. Herb Thyme Farms, Inc., which may affect many companies subject to FDA regulation, but particularly those that advertise and sell products as...more

From Dusk to Dawn: Battle Looming Over USDA Changes to Sunset Provision of Organic Rules

The USDA is facing a lawsuit in federal court stemming from its decision to unilaterally alter the process for exempting synthetic and non-organic substances used in producing organic food. Until September 2013, substances...more

Unmanned Aircraft Systems Are 'Aircraft' Once Again

On November 17, the National Transportation Safety Board (NTSB) reversed an administrative law judge’s decision that had called into question the Federal Aviation Administration's (FAA) authority to regulate Unmanned Aircraft...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

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

In Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a...more

Horne v. U.S. Dept. of Agriculture

Brief for the CATO Institute, et al., as Amici Curiae in Support of the Petitioner for CertiorariU.S. Supreme Court

Property owners should not be made to suffer a needless, Rube Goldberg-style litigation process to vindicate their constitutional rights. Yet that is exactly what the U.S. Department of Agriculture seeks to impose on...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: The Equal Access to Justice Act - A valuable tool for...

Many farmers are all too familiar with the Risk Management Agency’s (RMA) role in administering the federal crop insurance program. In addition to promulgating regulations, drafting policies, and issuing bulletins affecting...more

Commonwealth of Pennsylvania, Department of Agriculture vs. Scott Fay, et al.

Department's Motion for Judgment on the Pleadings Pennsylvania

Motion for judgment on the pleadings as a result of defendant failing to specifically deny, thus admitting, 2 of the 4 counts in Department's Petition for Contemtpt, which was in response to Defendant's Motion for Contempt...more

Commonwealth of Pennsylvania, Department of Agriculture vs. Scott Fay, et al.

Answer to Petitioner Scott Fay's Petition for Contempt and Request For Injunctive Relief And Respondent Department of...Pennsylvania

Answer to Petitioner's petition for contempt against Department of Agriculture for alleged breach of a Settlement Agreement, which was made an Order of Court, with New Matter alleging four counts of contempt against...more

Commonwealth of Pennsylvania, Department of Agriculture v. Daniel Esh

Respondent Pennsylvania Department of Agriculture's Brief in Support of 2009 Refusal of Daniel Esh's Kennel LicensePennsylvania

Petitioner omitted from his brief several essential matters as required by the Pennsylvania Rules of Appellate Procedure, most importantly the Statement of the Questions Involved. As a result, Respondent is left to guess at...more

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