Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more
In Riverback Farms LLC v. Saukville Feed Supplies Inc., a panel of the Wisconsin Court of Appeals found that an intentional act may still constitute an “occurrence” under a commercial general liability policy, reversed the...more
The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628...more
Alliteration aside, greenhouse gas (GHG) emissions have already raised the global temperature, and in turn, begun to wreak havoc on the world. Some of this damage—such as droughts, wildfires, and rising sea levels—are easily...more
On March 7, 2022, the Center for Veterinary Medicine (CVM) of the U.S. Food and Drug Administration (FDA) determined that Acceligen Inc.’s genome-edited, heat-tolerant cattle, pose a “low risk to humans, animals, the food...more
On March 7, 2022, the US Food and Drug Administration (FDA), operating under its New Animal Drug Authority, took a new, important regulatory step forward in assessing genome editing in animals. Specifically, the Agency...more
Foote and Cypert v. Texcel Exploration and Decker determined that cattle loitering uninvited around a well and tank battery are trespassers, not licensees. How it happened - Foote arranged with Yates to graze 650 head...more
In recent years, consumers have expressed a growing interest in knowing where their food comes from and in sourcing that food directly from the producer. This style of marketing – popularly coined “farm-to-table” or...more
Real estate developers in Florida are buying and improving rural land at a record pace. In many cases, this land has been devoted to purposes which resulted in the land being categorized as agricultural for real estate tax...more
On April 20, 2020, we blogged about the legal challenge to Montana’s requirement that sellers of cattle must contribute $1.00 per head to Montana’s Beef Council to fund advertisements for beef. Many sellers would prefer to...more
This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities...more
What’s next for processors, producers, ranchers, and other stakeholders in the livestock industry? Our Food, Beverage & Agribusiness Team provides insights into the recent announcement by the U.S. Department of Agriculture...more
The Fourth edition of the “Guide for the Care and Use of Agricultural Animals in Research and Teaching,” published by the American Dairy Science Association®, American society of Animal Science and Poultry Science...more
Introduction: Meat Alternatives and Cultured Meat - Conventional meat production has been implicated in environmental damage, the rise of antibiotic resistant bacteria, and increasing emission of greenhouse gasses....more
There are equitable remedies and there are legal remedies. A claimant pursuing a breach of fiduciary claim can choose which type of remedy it seeks. Choices, like elections, have consequences....more
In the recently decided cattle-feeding dispute, Bonsmara Natural Beef Company, LLC v. Hart of Texas Cattle Feeders, No. 19-0263, the parties asked the Texas Supreme Court to “wrangle issues regarding the effect of forgoing an...more
Class actions in the pork and cattle industry foreshadow probable antitrust enforcement and defense strategies against the backdrop of COVID-19, which has caused meat processing plant closures, severe disruptions to the...more
On November 5, 2018, we blogged about the circumstances under which checkoff dues violate the First Amendment. Such dues are common in the ag sector. Growers of cattle, for example, pay dues of $1 per head to various...more
In the face of an ever increasing global population set to surpass 9 billion by 2050, agriculture and science have converged to create sustainable, innovative solutions to food production. Cellular agriculture is perhaps the...more
This last weekend, I took a hiking trip in central Nevada. Sadly, there is no escape from traffic...more
“Accurate Labels Act” Introduced in Congress - U.S. Sen. Jerry Moran (R-Kan.) and Reps. Adam Kinzinger (R-Ill.) and Kurt Schrader (D-Ore.) have introduced the Accurate Labels Act, a proposed amendment to the Fair Packaging...more
When most people think of cattle, they think of Ferdinand the Bull and their favorite steakhouse. The reality of beef production is far from most consumers’ radar. However, as of 2016, less than 2% of the U.S. population...more
C&H Hog Farms, Inc. (“C&H”) filed a January 18th Request for Adjudicatory Hearing and Commission Review (“Request”) challenging the Arkansas Department of Environmental Quality (“ADEQ”) denial of an application for a...more
Organic Group Objects to Withdrawal of OLPP - A group of organic food producers, retailers and certifiers has published a full-page advertisement in The Washington Post containing the text of a letter to Secretary of...more
The Arkansas Department of Environmental Quality (“ADEQ”) public noticed the denial of an application for an Arkansas Pollution Control and Ecology Commission Regulation 5 permit by C&H Hog Farms, Inc. (“C&H”). Regulation...more