Farming or Food Production

Faulkner v. Watt

Summary:

Reaffirms that purpose of the Taylor Grazing Act (TGA) is to stabilize the livestock industry and protect the rights of sheep and cattle growers from interference and that the Secretary of the Interior may reasonably classify lands under the TGA as suitable for agriculture.

Reaffirms that purpose of the Taylor Grazing Act (TGA) is to stabilize the livestock industry and protect the rights of sheep and cattle growers from interference and that the Secretary of the Interior may reasonably classify lands under the TGA as suitable for agriculture.

Humane Soc. of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng

Summary:

Court decided that the type of branding mandated by Secretary of Agriculture constitutes cruelty to animals because other less painful and equally effective alternatives exist and therefore freed dairy farmers to use other branding methods like freeze branding.

Court decided that the type of branding mandated by Secretary of Agriculture constitutes cruelty to animals because other less painful and equally effective alternatives exist and therefore freed dairy farmers to use other branding methods like freeze branding.

Animal Legal Defense Fund Boston, Inc. v. Provimi Veal Corp.

Summary:

District Court found that federal law preempts Massachusetts's consumer protection statute that requires retailers to inform consumers of relevant information, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction. The District Court also held that the Animal Legal Defense Fund could not enforce a cruelty to animals claim because it involves criminal statutes that only public prosecutors and legislatively-sanctioned groups may enforce.

District Court found that federal law preempts Massachusetts's consumer protection statute that requires retailers to inform consumers of relevant information, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction. The District Court also held that the Animal Legal Defense Fund could not enforce a cruelty to animals claim because it involves criminal statutes that only public prosecutors and legislatively-sanctioned groups may enforce.

Cavel Intern., Inc. v. Madigan

Summary:

The issue on appeal was whether Illinois' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or in violation of the dormant Commerce Clause.  The court held that the statute was neither preempted nor in violation of the dormant Commerce Clause

The issue on appeal was whether Illinois' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or in violation of the dormant Commerce Clause.  The court held that the statute was neither preempted nor in violation of the dormant Commerce Clause

Reichley v. Pennsylvania Dept. of Agriculture

Summary:

Poultry Producers brought claims against the Pennsylvania Department of Agriculture for deprivation of their property without adequate due process in response to an outbreak of avian influenza. The United States District Court for the Middle District of Pennsylvania granted defendants' motion for summary judgment and the Court of Appeals affirmed, reasoning there was no due process deprivation by failing to issue notice and an opportunity for a hearing before the quarantine and depopulation of the producers' flocks.

Poultry Producers brought claims against the Pennsylvania Department of Agriculture for deprivation of their property without adequate due process in response to an outbreak of avian influenza. The United States District Court for the Middle District of Pennsylvania granted defendants' motion for summary judgment and the Court of Appeals affirmed, reasoning there was no due process deprivation by failing to issue notice and an opportunity for a hearing before the quarantine and depopulation of the producers' flocks.

Ranchers Cattleman Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture

Summary:

The court was presented with the question of whether the district court erred in issuing a preliminary injunction prohibiting the implementation of a regulation of the United States Department of Agriculture ("USDA") permitting the resumption of the importation of Canadian cattle into the United States.  The court concluded that it did and therefore reversed the district court. 

The court was presented with the question of whether the district court erred in issuing a preliminary injunction prohibiting the implementation of a regulation of the United States Department of Agriculture ("USDA") permitting the resumption of the importation of Canadian cattle into the United States.  The court concluded that it did and therefore reversed the district court. 

American Horse Protection Asso. v. Frizzell

Summary:

The court upheld the Secretary’s decision to remove 400 horses from certain public lands in Nevada because of the risks of overgrazing, but also asserted that the Secretary’s discretion was not so complete as to deny judicial review of his actions.

The court upheld the Secretary’s decision to remove 400 horses from certain public lands in Nevada because of the risks of overgrazing, but also asserted that the Secretary’s discretion was not so complete as to deny judicial review of his actions.

Nebraska Beef, Ltd. v. United States Department of Agriculture

Summary:

Eight Circuit Court of Appeals decided not to allow Nebraska Beef to pursue a Bivens remedy --remedy allows a party to recover damages when federal officials violate a person's constitutional rights when Congress has not provided an adequate remedy-- after the United States Department of Agriculture (USDA) allegedly breached a mutual consent decision agreed upon after the USDA issued Noncompliance Records for perceived regulatory violations.

Eight Circuit Court of Appeals decided not to allow Nebraska Beef to pursue a Bivens remedy --remedy allows a party to recover damages when federal officials violate a person's constitutional rights when Congress has not provided an adequate remedy-- after the United States Department of Agriculture (USDA) allegedly breached a mutual consent decision agreed upon after the USDA issued Noncompliance Records for perceived regulatory violations.

Forest Guardians v. Veneman

Summary:

District Court held that United States Forest Service could issue permits that allow cattle on lands near waterways where spikedace and loach minnows live, both species are listed as "threatened" species, even though this grazing could delay their recovery.

District Court held that United States Forest Service could issue permits that allow cattle on lands near waterways where spikedace and loach minnows live, both species are listed as "threatened" species, even though this grazing could delay their recovery.

Jones v. Butz

Summary:

This action involves a challenge, under the Free Exercise and Establishment Clauses of the First Amendment, to the Humane Slaughter Act and in particular to the provisions relating to ritual slaughter as defined in the Act and which plaintiffs suggest involve the Government in the dietary preferences of a particular religious (e.g., Orthodox Jews) group.  The court held that there is no violation of Establishment Clause because no excessive governmental entanglement and by making it possible for those who wish to eat ritually acceptable meat to slaughter the animal in accordance with the tenets of their faith, Congress neither established the tenets of that faith nor interfered with the exercise of any other.

This action involves a challenge, under the Free Exercise and Establishment Clauses of the First Amendment, to the Humane Slaughter Act and in particular to the provisions relating to ritual slaughter as defined in the Act and which plaintiffs suggest involve the Government in the dietary preferences of a particular religious (e.g., Orthodox Jews) group.  The court held that there is no violation of Establishment Clause because no excessive governmental entanglement and by making it possible for those who wish to eat ritually acceptable meat to slaughter the animal in accordance with the tenets of their faith, Congress neither established the tenets of that faith nor interfered with the exercise of any other.