How Did Prop 12 Become a Morality Case?

How Did Prop 12 Become a Morality Case?

The U.S. Supreme Court recently held argument on California’s Prop 12, which bans the sale of pork from hogs that don’t meet the state’s production standards. In this agriculture case, why were the Justices so focused on a state’s ability to legislate morality across state lines?

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FETTI Conference Review - Water, PFAS, and Climate

FETTI Conference Review - Water, PFAS, and Climate

I attended a 3-day environmental conference in Chicago. Here are my top 3 takeaways.

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Climate Change and Dairy Cows

Climate Change and Dairy Cows

The climate is changing. How will that impact dairy production?

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A Bee is a Fish; an Elephant is not a Human

A Bee is a Fish; an Elephant is not a Human

If the title of this blog confuses you, welcome to the club! Two recent court decisions have sent us back to high school science class. Let’s take a look.

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SCOTUS Limits Federal Agency Power

SCOTUS Limits Federal Agency Power

In an environmental ruling that will also impact agricultural government agencies, the U.S. Supreme Court ruled the Clean Air Act did not give the EPA broad authority to regulate carbon dioxide emissions from power plants.

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Preparing for a Zoning Hearing

Preparing for a Zoning Hearing

Here in Indiana, the fight against livestock and solar farms seemed to have moved to the county level. Landowners can do a few things to improve their chances of obtaining the necessary county zoning approval for a new project.

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Agriculture: Leading with Sustainability

Agriculture: Leading with Sustainability

Agriculture has been and will continue to be a leader in sustainability.

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Sackett Part 2: What is a Wetland, Anyway?

Sackett Part 2: What is a Wetland, Anyway?

Whether land is a “wetland” covered by the Clean Water Act is a perennial issue for farmers and developers. Now the Supreme Court is taking that question up—will we finally get a solid answer?

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State Legislation Threatening Livestock Farms

State Legislation Threatening Livestock Farms

While we are all watching to see what the Supreme Court does with California’s Prop 12, other state livestock laws have popped up across the country. Some could put livestock farms out of business entirely.

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Supreme Court will Consider Whether California Pork Law Violates Constitution

Supreme Court will Consider Whether California Pork Law Violates Constitution

On March 28, the Supreme Court of the United States agreed to decide whether pork producers can sue over California’s Proposition 12, which regulates pork farmers’ practices nationwide.

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Lessons from Criminal Prosecution of Pennsylvania Dairy Farm

Lessons from Criminal Prosecution of Pennsylvania Dairy Farm

A Pennsylvania Court of Appeals recently directed a local prosecutor to bring charges against a dairy farm for animal abuse and cruelty based on a private criminal complaint filed by an activist group.

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Indiana Poised to Limit Foreign Ownership of Agricultural Land

Indiana Poised to Limit Foreign Ownership of Agricultural Land

The federal government estimates 2-3% of agricultural land in the U.S. is owned by a foreign entity. As of March 8, 2022, Indiana is poised to join other states who limit the number of acres a foreign business entity can own.

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Zoning Hot Topics: Agriculture Edition

Zoning Hot Topics: Agriculture Edition

I recently presented at the Indiana Farm Bureau’s first-ever zoning school and discussed three “hot zoning topics.” Three issues came to mind: solar ordinances, moratoria, and spite structures.

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Sharing the Sun: Agrivoltaics

Sharing the Sun: Agrivoltaics

“Agrivoltaics” means the simultaneous use of land for solar power production and some kind of agriculture. In other words, one space sharing the sun for two or more uses.

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New Plan for Meat and Poultry Supply Chain

New Plan for Meat and Poultry Supply Chain

On January 3, 2022, President Biden announced his plan to create a fairer, more competitive, and more resilient meat and poultry supply chain. How will this plan impact integrators and farmers in the midwest?

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Is a Zoning Moratorium Legal?

Is a Zoning Moratorium Legal?

Agriculture, it seems, has a zoning problem. On top of the various state or federal permits a farm or agribusiness may be required to obtain before starting construction, local zoning ordinances can create yet another layer of red tape.

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New Roadmap to Address PFAS

New Roadmap to Address PFAS

This month, the Biden Administration announced a new plan to combat PFAS contamination. This federal roadmap will impact agricultural producers, especially dairy farms near military bases.

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Court Rejects Novel Air Emissions Argument Against CFO

Court Rejects Novel Air Emissions Argument Against CFO

An Indiana court recently rejected a new argument advanced by opponents of a CFO. I was happy to work with the state’s attorney to defend the CFO permit.

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Federal Court Rules on Iowa and Arkansas "Ag Gag" Laws

Federal Court Rules on Iowa and Arkansas "Ag Gag" Laws

The First Amendment does not protect all speech. A federal appeals court just ruled it does not give a person the right to gain access to a farm by “false pretenses.” On the other hand, the court held the First Amendment does protect certain false statements made as part of an employment application.

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Five Keys to a Successful Feed Contamination Case

Five Keys to a Successful Feed Contamination Case

We have successfully handled feed contamination cases and I’ve learned that there are five evidentiary keys to these disputes.

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