Agency Not Given Third Opportunity to Make Determination by Federal Court

 

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Photo by paciana via wikicommons.

 

This post is not legal advice. 

 

2017 has started off with a few court decisions involving agricultural law, and I’ve discussed a few of those decisions. In 2016, the U.S. Supreme Court ruled unanimously (8-0) that a determination by the Army Corps of Engineers that a property contained “a waters of the United States” was reviewable under the Administrative Procedures Act (Hawkes Co., 2016). The Supreme Court affirmed the decision of the Eighth Circuit and sent the case back to the federal district court in Minnesota. Recently, the federal district court granted motions by the Hawkes Co. barring the Army Corps of Engineers from exercising Clean Water Act jurisdiction over the property. Continue reading

Ag Law in Review: 2016 Edition

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Photo by Sarah Swenty, USFWS

This post is not legal advice.

Although we have started 2017 off, I want to take a look back at some of the big legal developments in the area of agricultural law. We saw a few important developments in 2016 in the field and will probably see more in 2017 with a change in presidential administrations. Keep reading here, and this site will work to keep you updated on those recent developments in 2017. Continue reading