Written by: M. Sean High—Staff Attorney
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
Right
to Farm Laws: Missouri CAFO Closes Following Nuisance Lawsuits
On August 19, 2019, Valley Oaks Steak Co. announced
that the Missouri-based company was closing operations due to numerous lawsuits
following a proposed expansion of a concentrated feeding operation (CAFO). Previously, on July 30, 2019, the law firm of
Humphrey, Farrington & McClain (HFM) announced
that 141 property owners had filed suit in the Jackson County Circuit Court
regarding a proposed CAFO expansion located in Lone Jack, Missouri. According to HFM, the CAFO—which is owned by
Valley Oaks Steak Co.—has been in operation since 2016. HMF stated that Valley Oaks Steak Co. was
seeking to increase the CAFO’s annual average of 999 head of cattle to an
annual average of up to 6,999 head of cattle.
HFM alleged that the 141 property owners were currently being affected
by the CAFO’s odors and that an expansion of the operation would cause the
nuisance to worsen. HMF asserted that
the 141 property owners were seeking “punitive damages and a jury trial.” Additionally, Valley Oaks Steak Co. was
engaged in separate litigation with Powell
Gardens—a botanical garden located in Kansas City—which had received
a temporary injunction in 2018 in Jackson County Circuit Court to prevent the
CAFO expansion. According
to
Powell Gardens, the proposed expansion would have caused “irreparable harm to
its 970 acres of gardens and thousands of species of plants.” Valley Oaks Steak Co. stated that while the
company “looked forward to having our day in court,” economic factors prevented
the company from continuing operations.
Organic
Agriculture: Conspirators Sentenced for Organic Grain Fraud
On August 19, 2019, the U.S. Department of Justice
(DOJ) announced
that sentencing had been handed-out to four men previously convicted of
conspiring to falsely sell nonorganic grain as organic. According to DOJ, from 2010 to 2017, Randy
Constant sold $142,433,475 of nonorganic grain as organic grain. The grain in question was used primarily for
animal feed. The affected animals and
their products were subsequently sold as organic products. DOJ stated that Mr. Constant was sentenced to
more than ten years in prison and ordered to forfeit $128,190,128 from the
proceeds of the sales. Additionally,
three farmers that supplied Mr. Constant with the nonorganic grain were
sentenced for their role in the scheme. According
to DOJ, Mike Potter was sentenced to 24 months imprisonment, James Brennan was
sentenced to 20 months imprisonment, and Tom Brennan was sentenced to three months
imprisonment. Each of the three farmers
was ordered to forfeit $1 million in proceeds from the fraudulent sales.
Animal
Welfare: APHIS Announces Funds for Animal Disease Prevention and Management
On August 12, 2019, the U.S. Department of Agriculture’s
(USDA) Animal and Plant Health Inspection Service (APHIS) announced its
intention for the use of animal health resources allocated under the 2018 Farm
Bill. First, resources will be used to
create a National Animal Vaccine and Veterinary Countermeasures Bank. This vaccine bank will allow USDA to
stockpile animal vaccines to combat “high-impact foreign animal diseases.” Second, resources will be used to create a
National Animal Disease Preparedness and Response Program. This program will permit APHIS to issue
grants to stakeholders for projects designed to prevent pests and diseases from
entering the U.S. Finally, resources
will be used to expand the existing National Animal Health Laboratory
Network. These additional funds are
intended to facilitate the rapid detection of foreign animal pests and
diseases.
Crop
Insurance: USDA to Defer Accrual of Interest for Crop Insurance Premiums
On August 15, 2019, the U.S. Department of
Agriculture’s (USDA) Risk Management Agency (RMA) announced
the deferral of the accrual of interest on spring 2019 crop insurance premiums. According to the announcement, “USDA will
defer the accrual of interest on spring 2019 crop year insurance premiums to
the earlier of the applicable termination date or for two months, until
November 30, for all policies with a premium billing date of August 15, 2019.
For any premium that is not paid by one of those new deadlines, interest will
accrue consistent with the terms of the policy.” RMA stated that the change is intended to
help farmers and ranchers who have experienced crop difficulties due to
flooding and excessive moisture. According
to U.S. Secretary of Agriculture Sonny Perdue, “USDA recognizes that farmers
and ranchers have been severely affected by the extreme weather challenges this
year…To help ease the burden on these folks, we are continuing to extend
flexibility for producers with today’s announcement.”
International
Trade: Canada to Provide $1.75B to Dairy Farmers Affected by Trade
On August 16, 2019, Canadian Agriculture Minister
Marie-Claude Bibeau announced
that over the next eight years, Canadian dairy farmers will receive $1.75
billion in federal compensation. The
move is designed to help the nation’s dairy farmers affect by the recently
ratified Canada-European Union Comprehensive Economic and Trade Agreement and
the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Under the announced compensation, “$345
million will be paid in the first year, in the form of direct payments and will
benefit all dairy producers in proportion to their quota held.” Minister Bibeau stated, “Today’s announcement
shows how much our government respects our producers and believes in the supply
management system. As promised, the compensation is deployed fully and fairly
to allow everyone to make the best decisions based on the new market realities
and their respective situation.”
From
National Ag Law Experts:
“Congress
Passes Bill to Increase Chapter 12 Debt Limit”,
Kristine A. Tidgren, The Ag Docket – Iowa State University Center for
Agricultural Law and Taxation (August 1, 2019)
“Regenerative
Agriculture and Livestock”, Brianna J. Schroeder, Schroeder Ag Law Blog –
Janzen Ag Law (July 26, 2019)
Federal
Actions and Notices:
Rural Housing Service
Pennsylvania
Case Law:
Com.
of PA v. J. Bucher - 641 C.D. 2018: Court overturned
conviction that Defendant was harboring dangerous dog—evidence did not support
that dog had propensity to attack without provocation.
Pennsylvania
Legislation:
SB
827:
Legislation regarding municipal authority to regulate the time, manner and
location of consumer fireworks (Referred to Senate Agriculture and Rural
Affairs Committee, August 15, 2019)
HB
1744:
Legislation regarding the regulation of lemonade stands run by minors on
private property (Referred to House Agriculture and Rural Affairs Committee,
August 16, 2019)
HB
1755:
Legislation regarding State Conservation Commission reporting (Referred to
House Agriculture and Rural Affairs Committee, August 16, 2019)
Pennsylvania
Actions and Notices:
The General Assembly
Department of Environmental Protection
Pennsylvania
Department of Agriculture:
Penn
State Research:
“Fishing
leads to investigation of environmental changes in waterways”
– Penn State News
AgLaw HotLinks:
“Hemp
is growing opportunities for Pa farmers” – Morning AgClips
“Serbia
reports first cases of African swine fever” – National Hog
Farmer
“Four
State Farm Bureaus Support Landowner Case” – Brownfield Ag
News
“Farmers
can defend against nuisance lawsuits” – Farm and Dairy
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