It's appropriate at the beginning of a new year to reflect on the happenings of the previous year. Roger McEowen, director of the the Center for Agricultural Law and Taxation and Leonard Dolezal Professor in Agricultural Law at Iowa State University, has put together a review of the Top Ten Agricultural Law Developments of 2008.
1. Passage of the 2008 Farm Bill
2. Wheeler v. Piligrim's Pride Corp., 536 F.3d 455 (5th Cir. 2008) decision that holds producers are not required to show that a packer's conduct adversely impacted competition.
3. Ruling in The Lands Council, et al. v. McNair 537 F.3d 981 (9th Cir. 2008) limits courts' role in environmental review.
4. IRS loses multiple cases in Chapter 12 bankruptcy taxation litigation.
5. USDA gets it wrong on wetland determination - decision handed down in B & D Livestock Co. v. Schafer,No. C 07-3070-MWB, --- F.Supp.2d ----, 2008 WL 4812871 (N.D.Iowa Nov. 5. 2008).
6. USDA can block "Mad Cow" testing as decided by Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture, 539 F.3d 492 (D.C. Cir. 2008).
7. USDA loses again - court in Five Point Road Joint Venture, et al. v. Johanns, 542 F.3d 1121 (7th Cir. 2008) says that farmers can recover attorneys fees and costs in USDA administrative appeals.
8. Crop insurance proceeds are not deferrable as determined by Nelson, et al. v. Com'r., 13 T.C. 70 (2008).
9. Injunction entered against USDA's "Mad Cow" rules on importation of cattle over thirty-months old.
10. USDA cancels mandatory premises registration directive under the National Animal Identification System (NAIS).
For details on each of the top ten developments, visit the Center for Agricultural Law and Taxation's website at http://www.calt.iastate.edu/PDF/top10aglaw2008.pdf.
