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MN:Appeals Court to decide Dodge County hog farm lawsuit pitting pollution vs. water

Minneapolis Star Tribune | Posted on February 14, 2017

A bitter three-year community fight over a hog feedlot in Dodge County has landed before three state Court of Appeals judges who are now being asked to decide a question that environmentalists see as critical to the future of clean water in Minnesota. What obligation do county governments in rural areas have to protect their citizens from the impact of a growing livestock industry? “There is absolutely no effort on the county’s part to address serious public health concerns or the serious environmental concerns relating to these factory farms,” said Sonja Trom Eayrs, who grew up in Dodge County and has been leading the fight against the feedlot. Paul Reuvers, attorney for Dodge County, said the county has gone above and beyond what it is required to do according to local and state rules. “We are an agricultural county, and if you live in an agricultural district you might have to deal with the odor, noise and dust associated with agricultural uses,” he said.


CA:Egg farm faces first Proposition 2 violation charges

Watt Ag Net | Posted on February 14, 2017

A California egg producer is facing criminal charges in the first case of Proposition 2 violations since the rules took effect. Hohberg’s Poultry Ranches allegedly kept too many hens in cages and were not in compliance with California law. An investigation of the farm was launched after a complaint was filed a year ago to the Inland Valley Humane Society.


Young Farmers seek help from state agency to ship produce across state lines

Augusta Free Press | Posted on February 14, 2017

“We’d rather have the state come out and inspect farms instead of the federal government,” said Kyle Sturgis, a Northampton County vegetable producer and one of a dozen VFBF Young Farmers who visited the Virginia General Assembly Feb. 6. A focus of their discussions with legislators was SB 1195, sponsored by Sen. Richard Stuart, R-Montross. The bill would allow farmers subject to the produce rule to work with VDACS instead of the FDA to comply with the new rule. Even the FDA has requested that states carry out the rule; to date 41 other states have entered into agreements to do so. “VDACS understands our needs in Virginia, and the federal government is so far removed,” Sturgis said. 


Hemp making a splash in pilot programs

Farm and Dairy | Posted on February 14, 2017

Hemp isn’t marijuana. But the reputation that accompanies marijuana seems to be stunting the growth of what could be America’s next cash crop. By some estimates, hemp is used in 25,000 products worldwide. The U.S. market, estimated at $600 million, is supplied totally by imported hemp today.


Hard winter tests Western Washington dairies

Capital Press | Posted on February 14, 2017

Washington dairy farmers near the British Columbia border are rediscovering the hardships of feeding, milking and protecting cows in freezing temperatures, icy winds and snowdrifts. “You kind of forget about it after a few mild years,” Sumas dairy farmer Dan Heeringa said. “It’s been at least 10 years, probably more.” Snowpacks throughout Washington are near or above 100 percent of normal. The state went through its coldest January since 1993, according to the federal National Centers for Environmental Information. Earlier this month, on Super Bowl Sunday, a strong winter storm struck northwest Washington. The next day, Sumas dairy farmer Doug Visser spotted a barn roof sagging under the weight of the snow.  That weekend, parts of Whatcom County received more than 2 inches of precipitation, according to the National Weather Service. Generally, 1 inch of precipitation translates into 10 inches of snow, according to the Natural Resources Conservation Service. Strong winds blowing down from Canada pushed snow piles several feet high, dairy farmers said.


NPPC, coalition seek port fee relief

Meatingplace (free registration required) | Posted on February 14, 2017

A coalition including the National Pork Producers Council is petitioning the Federal Maritime Commission for relief from port fees when labor disputes put the brakes on cargo shipments.


Mexican Senator Champions Bill to Stop U.S. Corn Shipments

DTN | Posted on February 14, 2017

A Mexican senator at a rally on Sunday proposed that Mexico stop buying U.S. corn in retaliation for some of President Donald Trump's stances on our southern neighbors. Mexico is the top market for U.S. corn exports with Mexican buyers importing nearly 28% of all U.S. corn sent to foreign markets in the 2015-16 marketing year. CNN reported Sunday during a rally that Sen. Armando Rios Piter, "who leads a congressional committee on foreign affairs, says he will introduce a bill this week where Mexico will buy corn from Brazil and Argentina instead of the United States." Such saber rattling hasn't affected corn markets yet. Instead, corn has been rallying since the end of January. DTN's National Corn Index has pushed up 15 cents since the end of January to $3.37 a bushel. On the futures markets, the December 2017 corn contract also has moved up 14 cents since the end of January and touched $4 a bushel briefly on Monday before settling at $3.99 a bushel.


Florida Citrus Growers Look Beyond Oranges

Wall Street Journal | Posted on February 12, 2017

Much of the state’s signature produce—oranges, grapefruits and tangerines—have been hit by an incurable disease called citrus greening that has ravaged groves, sapping productivity and forcing some citrus growers to leave the industry and abandon fields. Florida land devoted to citrus declined 17% to 446,000 acres in the past eight years, according to the Florida Citrus Mutual, a citrus marketing cooperative. Citrus farmers who remain determined to stick it out are looking for alternatives to compensate for the declining demand and investing in “moonshots” to cure the bacterial disease that can cause fruit to fall off prematurely and taste bitter. Growers, the state and the federal government have put at least $225 million into research to combat greening, also known as Huanglongbing, over the past decade, said Michael Sparks, chief executive of the Florida Citrus Mutual. Scientists are developing new citrus varieties that could be more resistant to the disease. Farmers have developed new methods to protect trees, such as using plastic canopies for warmth. Some have banded together to create “citrus health management areas” to coordinate spraying and other efforts to combat the insect that transmits greening.


Update on the DMWW Lawsuit

Farm Doc Daily | Posted on February 12, 2017

The Iowa Supreme Court responded that Iowa drainage districts possess immunity from damages claims and immunity from equitable remedies under Iowa law. The Iowa Supreme Court also answered that DMWW as one subdivision of state government cannot sue another subdivision of state government claiming protections under the Iowa Constitution, and that this also held true for the claims of a taking of DMWW property. The following briefly summarizes the court's reasoning and decisions. First, the Iowa Supreme Court found that Iowa precedent is consistent that drainage districts are immune from lawsuits for monetary damages. This immunity is due to the fact that drainage districts are state entities that have only special, limited powers and duties under Iowa law and the State's Constitution. Under Iowa law, drainage districts exist only for the limited purpose of building and maintaining drainage improvements that help provide for the draining and improvement of agricultural and other lands. This limited statutory authority also means that drainage districts can only be sued to compel them to carry out their limited purpose and not for other equitable remedies under state law. The Iowa Supreme Court refused to overturn this longstanding precedent to allow DMWW to seek monetary damages or equitable remedies as against the drainage districts for nitrate removal. The Iowa Supreme Court also rejected DMWW's takings claims under the Iowa Constitution, finding that DMWW does not possess any private property rights in the case. The court focused on the fact that the dispute was between public governmental subdivisions and did not involve private citizens. In particular, the court noted that the Raccoon River is owned by the State of Iowa in trust for the public and thus the drainage districts have not unconstitutionally taken DMWW's property. The court added that DMWW does not own the water in the river and that the drainage districts did not deny DMWW access to the water. As such, DMWW does not have a valid takings claim under the Iowa Constitution. Finally, the Iowa Supreme Court also concluded that DMWW as a public entity was not able to sue the drainage districts, another public entity, under the state constitution over the use of public or state-owned assets. As such, the constitutional claims for inalienable rights, due process and equal protection are not available to DMWW as against the drainage districts for nitrate pollution in the public waterway. The provisions are for the protection of private citizens of Iowa, not for political/public entities as against each other. The court noted that it would not make sense for Iowa citizens to have to pay for litigation between Iowa public entities. Moreover, the court pointed out that DMWW was not deprived of any rights to waters in the Raccoon River simply because of the presence of nitrates in those waters.


America's First Ag Data Case

Janzen Ag Law | Posted on February 11, 2017

A number of poultry growers have filed suit against Tyson Foods, Perdue Farms, and other poultry integrators alleging that growers’ production data was shared among integrators to depress grower payments. This is the first case where farmers’ ag data is the center of the lawsuit. The suit, titled Haff Poultry, Inc. v. Tyson Foods, Inc., was filed in the Eastern District federal court in Oklahoma.  The suit alleges that Tyson Foods, Perdue Farms, and other integrators (called a “Cartel” in the complaint) collect and share farmer level data through a third party, Agri Stats, Inc., for the purpose of suppressing grower compensation.


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