On December 19, 2017, we blogged about the efforts of several states, including Missouri, to overturn California’s egg regulations by suing California directly in the Supreme Court. A California referendum requires all egg-laying hens in California to have substantially more cage space than is the industry norm.  California egg farmers were understandably concerned about being placed at an economic disadvantage vis-à-vis their out-state competitors, so they lobbied the legislature to require that all eggs sold in California be laid by hens in cages that comply with the space requirement.  As a practical matter, there is no way to comply with that requirement without providing minimum cage space to all hens.

The State of Missouri sued California for declaratory and injunctive relief, alleging that its attempt to control the actions of out-of-state producers violated the Commerce Clause. Both the District Court and the Ninth Circuit rejected those claims, not on the merits, but because Missouri had not alleged that the regulations caused it any damage.

Last December, 12 states joined with Missouri in a motion for leave to sue California in the Supreme Court under the Court’s original jurisdiction.  They supported the motion with an expert report asserting that the California measure has raised the price of eggs across the board.  The motion has been fully briefed by the parties and the Court has asked the Solicitor General for his views on the matter.  The Court will likely decide before the end of June whether to hear the case.

USAgNet discussed industry groups request for new beef labeling requirements.

The Houston Chronicle reported on a provision in the 2018 Farm Bill that would remove certain rules on EPA pesticide review.

The Western Producer discussed farmer reaction to potential trade war with China and proposed subsidies.

The Press-Enterprise reported on six California bills aimed at reducing plastic waste.

Bloomberg discussed the impact of Chinese sorghum tariff on Kansas agriculture.

 

Agriculture.com discussed ag group efforts ahead of White House meetings on biofuels.

The Kansas City Star reported on potential meetings between ag state representatives and the White House on Chinese tariffs.

Farms.com discussed the impact of the loss of foreign born agriculture workers.

Bloomberg reported on the use of blockchain technology to trace food.

GeekWire discussed Walmart’s delivery partnership with Postmates.