A Look Forward: Ag Law in 2017

It appears that 2017 could be an important year for a number of agricultural law issues.  From the Clean Water Act, to “Ag Gag” legislation, to the Endangered Species Act, there are a number of pending cases that could have major impacts on the agricultural industry in the coming year.  Here is a brief look at four of the biggest cases to watch this year. Everyone may be tired of talking about the new rule promulgated by the Environmental Protection Agency and Corps of Engineers to define the meaning of “waters of the United States” under the Clean Water Act, but the drama surrounding this rule is far from over.  Currently, there are lawsuits against the EPA across the nation challenging the new rule. Another case involving the Clean Water Act should be on agricultural law enthusiasts’ radar.  The Duarte Nursery v. US Army Corps of Engineers case is making its way through the federal courts in California.  In that case, a farmer wanted to plow up grassland and sow wheat.  The Corps of Engineers determined that because there were vernal pools and swales on the property, it was a “water of the United States” and the landowner needed a federal permit in order to plow the ground.