8 results for 'cat:"Administrative Law" AND cat:"Agriculture"'.
J. Hassan finds that the trial court properly ruled in favor of the state agencies in a deer breeder's suit challenging their actions in attempting to halt the spread of chronic wasting disease in white-tailed deer. The breeder is not entitled to mandamus relief since its argument does not show the agency's executive director "failed to perform a ministerial act." Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: January 18, 2024, Case #: 14-23-00242-CV, Categories: administrative Law, agriculture, Jurisdiction
J. Callahan finds that the district court properly granted summary judgment in favor of agricultural associations and enjoins the California Attorney General from enforcing Proposition 65’s carcinogen warning requirement for the herbicide glyphosate, best known as the active ingredient in the herbicide Roundup. The proposed Proposition 65 warnings as applied to glyphosate were not purely factual and uncontroversial and were therefore subject to "intermediate scrutiny." Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: November 7, 2023, Case #: 20-16758, Categories: administrative Law, agriculture
J. Reidinger denies the Labor Department’s motion to dismiss allegations of Administrative Procedures Act violations after the department published a final rule on how it sets wage rates for temporary farm workers who are not U.S. citizens. A group of farms argues that the rule has already, and will continue to, hurt them financially by drastically increasing labor costs. They have already shown evidence that this is the case, so their complaint is not dismissed at this stage.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 26, 2023, Case #: 1:23cv96, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, agriculture, Labor
J. McDonough denies the plaintiff horse trainer's motion for a preliminary injunction in this case concerning the enforcement of the Horse Protection Act, after the U.S. Department of Agriculture allegedly filed two administrative complaints against him. The horse trainer contends that the USDA's administrative proceedings are unconstitutional, but he fails to establish a likelihood of success on the merits. Additionally, he has not shown that he will suffer irreparable harm.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: September 13, 2023, Case #: 4:23cv24, NOS: Constitutionality of State Statutes - Other Suits, Categories: administrative Law, agriculture, Animal Cruelty
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J. Ezra grants motions to dismiss by USDA and the Texas Parks & Wildlife Department after both agencies were sued by a deer breeder who alleged he was deprived of his property without due process after Texas and federal officials killed deer he was breeding following signs in the deer of Chronic Wasting Disease, a dangerous prion disease similar to hoof-and-mouth. There are a number of fatal flaws with the breeder’s current suit, including the fact that he has not exhausted administrative remedies and the fact that “in Texas, all wild animals, including deer, belong to the state.”
Court: USDC Western District of Texas , Judge: Ezra, Filed On: July 27, 2023, Case #: 1:22cv479, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, agriculture, Conversion
J. Funke finds the district court improperly entered a declaratory judgment and permanent injunction in favor of the livestock company in this dispute over cattle brand inspection statute interpretation. Cattle moved into registered feedlots from their point of origin, with no other movements, avoid brand inspection. Cattle moved from their point of origin to “backgrounding” lots for calf weight and immunity build up before going to a feedlot do not avoid brand inspection. Reversed. Injunction vacated and dismissed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: May 26, 2023, Case #: S-22-534, Categories: administrative Law, agriculture