Farms

News & Analysis as of

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Elkhorn Crossing, LLC: An Equity Cushion is Not Enough

“Don’t Bet The Farm On It” When is a million dollar equity cushion not enough? Despite a purported cushion of at least $1.2 million, the Bankruptcy Court for the District of Nebraska recently held that a proposed Chapter 12...more

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

Animal Industries Advisory Committee Update: Government Response Released

The Animal Industries Advisory Committee (AIAC) was established by the Victorian Government in October 2015 to consider whether the planning framework relating to animal industries is meeting the needs of farmers, councils...more

From the Archives: The Basics of Agriculture’s Exemption to Wage/Hour Laws

Continuing a look back at some “basics” posts you might have missed, back in 2009, I tackled an exemption that may be overlooked when it comes to employment laws. Connecticut has a proud history of farms. Many, like...more

Western District of Wisconsin Ranks 3rd in Chapter 12 Farm Bankruptcy Filings

The harvest is plenty, but with corn at $3/bushel, soybeans at $9/bushel, and milk at $15-$16/hundred weight, the profits are few. Did you know that in 2015 and 2016, the Western District of Wisconsin ranks 3rd (out of 94...more

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping...more

Two non-conventional uses for Missouri’s new receivership statute

Missouri’s new receivership statute became effective on August 28, 2016. The new statute, called the Missouri Commercial Receivership Act (or “MCRA”) and codified at Chapter 515 of the Missouri Revised Statutes, provides a...more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

D.C. Court Dismisses Dispute Over Reinsurance Of Federal Crop Insurance Program

On September 20, a federal district court in the District of Columbia dismissed a lawsuit brought by reinsurers of the federal crop insurance program. The plaintiffs-reinsurers alleged that the Federal Crop Insurance...more

When “Organic” is Not “Organic,” Even When the USDA Says It Is

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming...more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

Less Is More?: New North Carolina Law Clarifies When Building Permits Are NOT Required

A new law took effect in North Carolina on October 1, 2016, and it affects the need for building permits. Session Law 2016-113, entitled An Act to Provide Further Relief to the Agricultural Community, clarifies in Section 13...more

California Environmental Law & Policy Update - September 2016 #5

Environmental and Policy Focus - Shell Oil settles charges regarding claims for underground tank cleanup reimbursements - Sacramento Bee - Sep 23 - Shell Oil Co. has agreed to settle charges that it...more

Chapter 12 family farmer cases in Missouri: A look inside the numbers

Chapter 12 of the Bankruptcy Code, enacted in 1987, provides relief to family farmers facing financial distress. Chapter 12 is available exclusively for family farmers that want to reorganize their financial affairs. While...more

Farming through the eyes of an ag lawyer

On September 13 and 14, Thompson Coburn’s Agriculture & Food group hosted a hands-on seminar for professionals in the food and agriculture industries. The program – “From The Ground Up: A Hands-On Seminar for Agribusiness...more

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in...more

New Treasury Proposed Regulations: Bad for family farms

In transferring the ownership of family farms to the next generation, it is common to take advantage of certain valuation discounts in making transfers. The Department of Treasury recently released proposed regulations under...more

Manic Monday: FSMA Compliance Starts Today!

Today, Sept. 19, 2016, is a big day for the food industry. It is the first compliance deadline for regulations under the Food Safety Modernization Act (FSMA) – the law we’ve been talking about since 2011, the law touted as...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

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

DOJ Sues to Halt Deere’s Acquisition of Monsanto’s Precision Planting

The Department of Justice (“DOJ”) sued this week to stop Deere & Co.’s acquisition of Monsanto Co.’s Precision Planting, explaining that the deal would harm farmers. The companies make high-speed precision planting systems,...more

Three Things You Need to Know About California’s New Surface Water Diversion Reporting Requirements

On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements....more

Sustainable Development Update - August 2016 #3

Sustainable Development Focus - Freddie Mac announces multifamily green building financing initiative - Energy Collective - Aug 13 - Freddie Mac announced last week their Multifamily Green Advantage program, a...more

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