McAfee & Taft AgLINC - June 2011

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In This Issue:

1 Jacky Martin racing again

2 Endangered species litigation

3 The Oklahoma Livestock Owner’s Lien Act

4 Winds of change

Excerpt from "Jacky Martin racing again"

Racing legend looks to McAfee & Taft to regain jockey license

To say the least, the name Jacky Martin is well known in Quarter Horse racing circles. In fact, it is not a stretch to describe the jockey as a legend in the sport. Jacky won his first All American Futurity in 1976. Since then he has won the prestigious All American six more times. Over the years, Jacky built a Hall of Fame career by winning the biggest Quarter Horse races in the United States, including Oklahoma.

Unfortunately, Jacky’s career took a turn for the worse in 1996 when he was charged in Texas for crimes unrelated to racing. Jacky later pled guilty to two felony counts and received suspended sentences which included substantial community service obligations. As a result, Jacky’s jockey licenses were suspended, and he lost his ability to compete in the sport that he had been devoted to for most of his life.

At 52 years old, most would have pulled down their tents and walked away. Not Jacky. He used the adversity as a positive life-changing experience and turned his personal life around. He became a better person, a better husband, and perhaps even a better jockey. In September 2010, Jacky’s dedication to changing his life was rewarded when he received “judicial clemency” from the judge presiding over his case. In Texas, this is similar to a pardon and means that Jacky was no longer a convicted felon.....

Excerpt from "Endangered species litigation"

Center for Biological Diversity v. EPA - potential impact on pesticide use in production agriculture

On May 30, 2007, the Center for Biological Diversity filed a lawsuit alleging that the U.S. Environmental Protection Agency (EPA) was failing to comply with Section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47 pesticides and 11 species that are listed as endangered or threatened under the ESA (Center for Biological Diversity v. EPA, Case No. 07-2794-JCS, N.D. Cal.).

The species identified in the lawsuit are all reportedly found in the greater San Francisco Bay area: Alameda whipsnake, bay checkerspot butterfly, California clapper rail, California freshwater shrimp, California tiger salamander, delta smelt, salt marsh harvest mouse, San Francisco garter snake, San Joaquin kit fox, tidewater goby and the valley elderberry longhorn beetle.....

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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