A unanimous U.S. Supreme Court has determined that the Federal Meat Inspection Act (FMIA) and its regulations preempt a California law that required swine slaughterhouses to humanely euthanize nonambulatory animals and prohibited them from processing, butchering or selling the meat or products of nonambulatory animals for human consumption. Nat’l Meat Ass’n v. Harris, No. 10-224 (U.S., decided January 23, 2012). Details about the Ninth Circuit’s decision, which the Court reversed, appear in Issue 344 of this Update. Writing for the Court, Justice Elena Kagan stated that the FMIA includes an express preemption clause which “sweeps widely—and in so doing, blocks the applications of [the California law] challenged here. The clause prevents a State from imposing any additional or different even if nonconflicting—requirements that fall within the scope of the Act and concern a slaughterhouse’s facilities or operations. And at every turn [the California law] imposes additional or different requirements on…
Category Archives U.S. Supreme Court
According to news sources, the Center for Food Safety, which lost its challenge to the U.S. Department of Agriculture’s (USDA’s) decision to deregulate without restriction genetically engineered (GE) alfalfa, plans to appeal the matter to the Ninth Circuit Court of Appeals. A federal court in California determined on January 5, 2012, that the law does not require the agency to “account for the effects of cross-pollination on other commercial crops” in assessing whether a new crop poses risks. U.S. District Judge Samuel Conti also reportedly said that USDA lacks the authority to require a buffer zone between GE crops and conventional or organic crops. Noting that the Environmental Protection Agency (EPA) has approved the use of glyphosate on Roundup Ready® alfalfa, Conti further observed, “If plaintiffs’ allegations are true, then it is disturbing that EPA has yet to assess the effects of glyphosate on most of the species found near…
Following oral argument before the U.S. Supreme Court on the validity of a California law that prohibits slaughterhouses from receiving, processing or selling nonambulatory animals, court watchers are predicting that the law will not survive the National Meat Association’s preemption challenge. Nat’l Meat Ass’n v. Harris, No. 10-224 (U.S., argued November 9, 2011). The Ninth Circuit Court of Appeals upheld the law, finding that the states may regulate “what kinds of animals may be slaughtered,” despite express preemption language in the Federal Meat Inspection Act. Additional information about the Ninth Circuit’s ruling appears in Issue 344 of this Update. According to news sources, the justices did not appear to accept the fine distinction adopted by the lower court. Under the federal law, federal inspectors are authorized to decide what to do with animals that cannot walk when they reach the slaughterhouse; in some cases, they determine that animals may be…
The U.S. Supreme Court has determined that a Freedom of Information Act (FOIA) exemption barring the release of law enforcement records whose release “could reasonably be expected to constitute an unwarranted invasion of personal privacy” is inapplicable to documents provided to a federal agency by a corporation. FCC v. AT&T, Inc., No. 09-1279 (U.S., decided March 1, 2011). Expressing the wish that “AT&T will not take it personally,” Chief Justice John Roberts, writing for the 8-0 court, rejected its argument that “personal privacy” under FOIA reaches corporations because the statute defines “person” to include a corporation. The case involved an investigation launched after AT&T voluntarily provided certain information to the Federal Communications Commission (FCC) arising from the company’s participation in a program to enhance schools and libraries’ access to advanced telecommunications and information services. AT&T apparently reported that it might have overcharged the government for its program services. While the…
Seeking additional input before ruling on a certiorari petition, the U.S. Supreme Court has asked the acting solicitor general to provide the U.S. government’s view of a challenge to a California law that prohibits slaughterhouses from receiving, processing or selling nonambulatory animals and prohibits dragging or pushing downer animals. Nat’l Meat Ass’n v. Harris, No. 10-224 (U.S., request filed January 18, 2011). The Ninth Circuit Court of Appeals allowed the state to enforce the law, finding that it is not preempted by the Federal Meat Inspection Act. Additional details about the Ninth Circuit’s ruling appear in Issue 344 of this Update. California adopted the law after The Humane Society’s video of the mistreatment of downer cattle at a slaughterhouse became public and led to a massive beef recall in 2008.
The U.S. Supreme Court has denied the certiorari petition filed by Kraft Foods, seeking review of a Seventh Circuit ruling that requires the company to pay for the time it takes workers to change into and out of safety gear and work clothes, despite a collective bargaining agreement to the contrary. Kraft Foods Global, Inc. v. Spoerle, No. 10-580 (U.S., cert. denied January 10, 2011). According to the Seventh Circuit, “Management and labor acting jointly have no more power to override state substantive law than they have when acting individually.” The U.S. Supreme Court’s denial carries no precedential weight; thus, the ruling, based on Wisconsin law, is limited to the Seventh Circuit. Kraft will apparently begin paying 1,300 current and former employees about $4 million in back pay. A company spokesperson reportedly said, “With this decision [the doffing-and-donning] benefit is restored to employees. We are happy to put this behind…
The U.S. Supreme Court has decided to hear the appeal of case that involves the application of a personal privacy exemption under the Freedom of Information Act (FOIA) to federal agency law enforcement records involving corporations. FCC v. AT&T Inc., No. 09-1279 (U.S., certiorari granted September 28, 2010). The Third Circuit Court of Appeals barred the Federal Communications Commission (FCC) from releasing information about an investigation of AT&T, finding that the company has a right to personal privacy under FOIA’s exemption 7(c). This exemption allows agencies to withhold law enforcement records where their disclosure would result in an invasion of personal privacy. Those opposing the Third Circuit’s interpretation have suggested that if it is upheld, records such as meat inspection reports could be withheld “on the theory that the meat processor’s privacy rights would be invaded because of the public ‘embarrassment’ the corporation might feel if its filthy processing plant conditions were…
In a 7-1 ruling, the U.S. Supreme Court has determined that a district court erred in enjoining the Animal and Plant Health Inspection Service (APHIS) from even partially deregulating Monsanto’s Roundup Ready® alfalfa while the agency takes steps to comply with the National Environmental Policy Act (NEPA). Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S., decided June 21, 2010). The district court found that APHIS failed to prepare an environmental impact statement (EIS) as required under NEPA before granting Monsanto’s petition to deregulate the seed, which has been genetically modified (GM) to resist glyphosate, a weed killer used on GM crop fields. The court then enjoined APHIS from deregulating GM alfalfa until an EIS could be completed and further enjoined the seeds’ sale and planting beyond sales already made in March 2007. Farmers who had purchased the seed were allowed to plant it that year. Writing for the majority, Justice…
Oral argument in litigation over whether the U.S. Department of Agriculture (USDA) properly deregulated a genetically engineered (GE) alfalfa seed took place before the U.S. Supreme Court on April 27, 2010. Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S.). The Ninth Circuit imposed a ban on use of the GE seed until the USDA completes an environmental impact statement that accounts for potential contamination of conventional alfalfa crops. While several justices questioned the appellate court’s authority to fully ban the product’s sale, Justice Antonin Scalia contended that GE crop planting “doesn’t even destroy the current plantings of non-genetically engineered alfalfa. This is not the end of the world. It really isn’t. The most it does is make it difficult for those farmers who want to cater to the European market, which will not accept genetically engineered alfalfa.” According to press reports, environmentalists and agribusiness, watching the case closely, filed…
The U.S. Supreme Court has agreed to hear an appeal from a Ninth Circuit Court of Appeals decision enjoining the sale and planting of genetically modified (GM) alfalfa seed until the government completes an environmental impact statement (EIS) for the crop’s proposed delisting. Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S., certiorari granted January 15, 2010) (Breyer, J., not participating). The parties’ briefs must be filed in February and March 2010. The questions before the Court are (i) “Did the Ninth Circuit err in holding that NEPA [National Environmental Policy Act] plaintiffs are specially exempt from the requirement of showing a likelihood of irreparable harm to obtain an injunction?”; (ii) “Did the Ninth Circuit err in holding that a district court may enter an injunction sought to remedy a NEPA violation without conducting an evidentiary hearing sought by a party to resolve genuinely disputed facts directly relevant to the…
