News & Analysis as of

Agricultural Sector Appeals

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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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

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

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On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

MoFo Life Sciences

An Insecure Future: Court Ruling Guts USDA Regs On Genetically Engineered Plants

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In a decision that raises significant questions about the future oversight of genetically engineered (GE) plants in the United States, the U.S. District Court for the Northern District of California on Monday, December 2,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Iowa Ag-Gag Statute: Federal Appellate Court Addresses Challenge to Amended Law

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a January 8, 2024, Opinion the constitutionality of an Iowa Ag-Gag law. See Animal Legal Defense Fund v. Reynolds, 89 F.4th 1065 (8th...more

Ervin Cohen & Jessup LLP

Ninth Circuit Panel Upholds Foie Gras Ban in 2-1 Panel Decision

On May 6, 2022, a panel of three judges in the Court of Appeals for the Ninth Circuit considered a challenge to California’s ban on foie gras. The law has been heavily litigated for nine years, including three sets of appeals...more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

Perkins Coie on

The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sand and Gravel Mine/Order on Consent: New York Appellate Court Addresses Challenge to Remediation Plan

The New York Supreme Court (Appellate Division) (“Court”) addressed in a March 3rd Memorandum and Order (“Memorandum”) a challenge to the New York Department of Environmental Conservation’s (“NYDEC”) acceptance of a...more

Ervin Cohen & Jessup LLP

Ninth Circuit Affirms California’s Proposition 12 Pork Ban

On November 6, 2018, California voters passed Proposition 12. The law is set to go into effect on January 1, 2022. Among other things, the law “prohibits a business owner or operator from knowingly engaging in the sale within...more

Sheppard Mullin Richter & Hampton LLP

Organics Advocates Dig In With Ninth Circuit Appeal Challenging Certification for Hydroponics

The decades-long battle over organic certification of hydroponically grown foods is poised for resolution, with the Ninth Circuit Court of Appeals set to decide an appeal by the Center for Food Safety (CFS) in a case that...more

Ervin Cohen & Jessup LLP

Ninth Circuit Dismisses “100% Natural” Chicken Advertising Case

The Ninth Circuit recently affirmed a district court decision dismissing a case for lack of standing, finding that an advocacy group must demonstrate that it affirmatively diverted resources to combat alleged false claims to...more

Downey Brand LLP

California Air and Climate Vol 18: EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations Upheld; Phasing Out...

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Ninth Circuit Upholds U.S. EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations - On February 10, 2021, the U.S. Court of Appeals for the Ninth Circuit denied a challenge to the U.S. Environmental Protection...more

International Cannabis Bar Association...

[Webinar] INCBA @ Berkeley Law: The Path to Appellations (Streaming Only Event) - April 2nd, 4:00 pm - 10:00 pm PT

We are excited to announce a groundbreaking program scheduled for April 2, 2020: The Path to Cannabis Appellations. The Cannabis Industry Club at the Hass School of Business and the Cannabis Law Society at the Berkeley...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Fisher Phillips

NY Farmworkers Win Collective Bargaining Rights – Will Other States Follow Suit?

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In a groundbreaking decision, a New York state appeals panel just extended union organizing rights to farmworkers, perhaps setting the stage for other states to do the same. While farmworkers have traditionally been exempted...more

BCLP

BCLP’s 2018 Food, Beverage & Supplement Litigation Roundup

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It was another active year in 2018 for class action litigation targeting the food, beverage and supplement industries. A cross-practice team from Bryan Cave Leighton Paisner has authored a roundup of the most notable...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

Husch Blackwell LLP

Ag-Gag Law Update

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On June 22, 2017, September 15, 2017 and October 12, 2017, we blogged about so-called ag-gag laws, laws designed to prevent investigative journalism about producers of food. These laws raise serious First Amendment questions...more

Jackson Walker

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Miles & Stockbridge P.C.

EPA's New Enforcement Initiative Stumbles Out of the Gate

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

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