A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes commercial transactions, environmental issues, water law.
In Association of Equipment Manufacturers v. Burgum, 932 F. 3d 727 (8th Cir. Nov. 13, 2018) the 8th Circuit Court of Appeals ruled that the district court’s grant of a preliminary injunction of the enforcement of North Dakota statute regulating the relationship between manufacturers and farm equipment deals claiming likelihood of success on the basis of violations under the Contract Clause of the Constitution was affirmed. The court ruled that the manufacture’s claim was likely to succeed because the regulations go beyond regulation of coercive and discriminatory practice, they enlarge deal reimbursements, and they impair obligations of contract. Furthermore, the State failed to show the legislation furthered a significant and legitimate public purpose and failed to demonstrate the requisite guarantee that it provides more than benefit to special interest. To see the opinion, click here.
In New Jersey Department of Environmental Protection v. Amerada Hess Corporation, No. 15-6468, 2019 WL 4052431 (D.N.J Aug. 28, 2019) the plaintiffs brought a suit for past and future primary and compensatory restoration damages under the New Jersey Spill and Compensation and Control Act, the Water Pollution Control Act, and the common law of the State of New Jersey. The plaintiffs allege that there were injuries to the groundwater of the State of New Jersey that was caused by the discharge of Methyl Tertiary Butyl Ether on and around properties owned and/or controlled by defendants. The moving defendants recently filed motions to exclude the opinions of expert witness Anthony K. Brown related to the H.P. Delta trail site. The Court denied defendants’ motion. To see original opinion, click here.
REGULATORY: Includes EPA
ENVIRONMENTAL PROTECTION AGENCY:
Rule establishes tolerance for residues of the pesticide buprofezin in or on multiple commodities. Info here.