Ohio Dairy Loses Lawsuit Challenging Wisconsin Butter Law

Bruce Vielmetti reported yesterday at the Milwaukee Journal Sentinel Online that, “Wisconsin’s ban on the sale of ungraded butter does not violate the rights of an Ohio dairy, a federal judge has ruled.

“U.S. District Judge James Peterson on Monday found the law ‘rationally related to Wisconsin’s legitimate interest in helping its citizens make informed butter purchases.’

“The decision came in a lawsuit filed last year in Madison federal court by Minerva Dairy, which had been selling its butter in Wisconsin until a complaint prompted state inspectors to stop the sales unless the butter was graded.”

Mr. Veilmetti noted that, “Minerva claimed the Wisconsin requirement was mere protectionism and an illegal interference with interstate commerce.”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed

GOP Lawmakers Threatening to cut off U.S. funding for WHO over Roundup ingredient

Associated Press writer Michael Biesecker reported yesterday that, “Republican lawmakers are threatening to cut off U.S. funding for the World Health Organization’s cancer research program over its finding that the active ingredient in the herbicide Roundup is probably carcinogenic to humans.

“House Science Committee Chairman Lamar Smith said Tuesday that the 2015 conclusion by the International Agency for Research on Cancer was fundamentally flawed and relied on cherry-picked science. The Texas lawmaker said he has serious concerns about anti-industry bias and a lack of transparency within the program, which is based in Lyon, France.

“A separate review by the Environmental Protection Agency concluded in December that glyphosate, the active ingredient in Roundup and other products, is not likely to cause cancer at typical levels of exposure.”

The AP article added that, “‘There are real repercussions to IARC’s unsubstantiated claims, which are not backed by reliable data,’ Smith said at a hearing. ‘Labeling requirements will drive costs up for farmers and consumers and create unjustified public fear.'”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed

Dicamba Cases Consolidated in St. Louis

DTN writer Todd Neeley reported last week that, “Dicamba-related off-target crop damage complaints will be consolidated in the U.S. District Court for the Eastern District of Missouri in St. Louis, according to an order issued Thursday by the U.S. Judicial Panel on Multidistrict Litigation (MDL).

“Multiple lawsuits have been filed by farmers alleging off-target dicamba damage to crops in at least 24 states from dicamba-based products manufactured by Monsanto, BASF and DuPont. Lawsuits have sought the stoppage of sales of dicamba products under the names Xtend, Engenia, FeXapan and XtendiMax, and have also sought damages for crop losses.

“The federal multidistrict court considered moving the cases to one of four courts: the Southern District of Illinois, the Eastern District of Missouri, the Eastern District of Arkansas or the District of Kansas.”

The DTN article indicated that, “In the order on Thursday, the panel said, ‘On the basis of the papers filed and the hearing session held, we find that these actions involve common questions of fact, and that centralization in the Eastern District of Missouri will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.'”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed

Nebraska Ag Groups Seek to Expand Livestock Production in the State

The Doerrs’ hog business is part of a new wave of expansion in Nebraska’s livestock industry. Melissa, 31, and Justin, 36, are among a growing number of Nebraska farmers looking into raising livestock at a time when low crop prices have made it harder to turn a profit through raising corn and soybeans alone.

“‘You have to diversify if you’re going to have a go,’ Justin Doerr said.

“New hog barns going up on eastern Nebraska farmland and projects now underway like retailer Costco’s Fremont-area chicken processing venture may be just the start.”

The World-Herald article noted that, “Expect more pigs, chickens, turkeys, cows and even farm-raised fish in Nebraska in coming years if agriculture boosters are successful in a renewed push to attract livestock growth.

“The state’s major ag supporters, including the Nebraska Farm Bureau, Nebraska Department of Agriculture and major commodities boards like the Nebraska Corn Board, are teaming up behind the effort, through funding for an organization that isn’t widely known.

“The Alliance for the Future of Agriculture in Nebraska, or A-FAN, has been around for more than a decade but reorganized in recent years. The Lincoln-based group, with three full-time employees and one part-time worker, has shifted its focus away from consumer education about agriculture and squarely toward livestock development.”

Ms. Soderlin added that, “Part of the group’s work is training farmers and connecting them with resources to research, finance, permit and launch livestock operations. A ‘producer empowerment’ workshop teaches farmers how to talk to their neighbors and others about their plans, and what to know about topics like zoning, fertilizer, and water well placement before they begin.”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed

Running Tap: A Delivery Startup That Connects Microbrewers With Customers

Neal St. Anthony indicated in a column that was posted yesterday at the Minneapolis Star Tribune Online that, “In a way, it took an African refugee from war-torn South Sudan to add something new to the Twin Cities microbrewery boom.

“Isaac Tut, who quit an $80,000-plus technology job in 2016, after earning degrees in math, physics and aeronautical engineering from Minnesota universities, is a founder and CEO of Running Tap.

“The small business, based just north of downtown, employs three full-time workers and several part-time employees and drivers and claims that it is the first delivery service devoted to connecting a growing list of 20 microbrewers with customers who don’t want to drive across town.”

The Star Tribune item stated that, “The Running Tap principals, who project revenue this year of $200,000, say they will hit the break-even point at $500,000 in revenue, which they hope will be 2019 or 2020.

“The business model is pretty simple. Running Tap charges a fee to the participating brewer as well as the customer to generate revenue from the sale of growlers, cans and mixed-brewery variety packs it delivers throughout the Twin Cities.”

“About seven months into its operating life, Running Tap is about ‘a quarter of the way’ to declaring success, Isaac Tut said.”

Posted in Agriculture Law, General Interest, Start-up Company Law | Comments closed

Goldman Sachs Invests in Pea Milk Startup

Bloomberg writer Olivia Zaleski reported last week that, “Goldman Sachs Group Inc. participated in a $65 million investment in Ripple Foods Inc., a little-known beverage company that makes a milk-like drink from yellow peas.

“The investment, which was led by Euclidean Capital, includes funding from Khosla Ventures, Fall Line Capital and S2G Ventures, a food and agriculture investment firm started by OpenTable Inc.’s founder. It’s Ripple’s largest capital infusion and brings the two-year-old company’s total funding to $110 million.

“Ripple has sold the investors on its Ripptein, pea protein that has been extracted from the vegetable by a process that the company says strips out the funky flavor often found in plant materials. The result is almost purely protein, say Ripple’s founders Neil Renninger and Adam Lowry.”

The Bloomberg article added that, “For the past four years, investors have put well over $1 billion each year into food and beverage startups, including Impossible Foods Inc., which makes a red-meat replacement from plants, and Memphis Meats, which grows chicken cells in a laboratory. Last year, the sector attracted almost $2 billion in equity financing, according to research firm CB Insights.”

Posted in Agriculture Law, General Interest, Start-up Company Law | Comments closed

Start-Ups in China Aim to Copy Tesla’s Success

Financial Times writers Charles Clover and Sherry Fei Ju reported yesterday that, “From Alibaba in e-commerce to Didi Chuxing in ride-hailing, Chinese start-ups have changed the landscape of the global tech industry. And now they are coming for cars.

“A handful of China-based fledgling companies have raised hundreds of millions of dollars in venture funding and launched electric vehicle prototypes in the past few months, all aiming to copy Tesla’s success in the US.”

The FT article explained that, “Like the US start-up, which has shaken up the car industry with its high tech EVs, Tesla’s counterparts in China say their advantage is that they see cars differently: as smart devices, loaded with software and services, rather than driving machines. But unlike Tesla, which has struggled to get into the world’s largest car market, they have one crucial advantage.

“‘If you want to do well globally today, you have to first be successful in China, and we’re already here,’ says Daniel Kirchert, a former BMW executive who co-founded Byton in Nanjing, which released a prototype five-seat sport utility vehicle at the Consumer Electronics Show in Las Vegas in January. It plans to start producing in 2019.

“Experts say the arrival of electrification in the car industry may give new players a slice of the $620bn-a-year Chinese car industry. About 28m vehicles were sold in China last year, one-third of the world’s total.”

Posted in Agriculture Law, General Interest, Start-up Company Law | Comments closed

EPA Has Until May 1 to Address Livestock Emissions Reporting Rule

DTN writer Todd Neeley reported yesterday that, “Livestock producers will have until at least May 1 before they are required to report certain emissions to the U.S. Environmental Protection Agency, a federal appeals court ruled on Thursday.

“The U.S. Court of Appeals for the D.C. Circuit granted a request the EPA made on Jan. 19 to delay the rule.

“In April 2017, the court threw out an EPA decision to not require livestock operations to report emissions of more than 100 pounds per day of either ammonia or hydrogen sulfide. That essentially allowed the reporting rule to take full effect on Nov. 15, 2017. But in November 2017, the court delayed the rule.”

Mr. Neeley indicated that, “The National Pork Producers Council and the U.S. Poultry and Egg Association filed court briefs in support of the EPA’s request to delay the mandate in the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, and the Emergency Planning and Community Right-to-Know Act, or EPCRA.

“The EPA requested the delay to allow for further coordination in response to what is expected to be an increase in reports made to the EPA.”

The DTN article added that, “The rule potentially affects nearly 200,000 farms and ranches.”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed

USDA Launches Farmers.gov Webpage for Producers

A news release today from the U.S. Department of Agriculture (USDA) noted that, “U.S. Secretary of Agriculture Sonny Perdue today unveiled Farmers.gov, the new interactive one-stop website for producers maintained by the [USDA]. Farmers.gov is now live but will have multiple features added over the coming months to allow agricultural producers to make appointments with USDA offices, file forms, and apply for USDA programs. The website, launched at a breakfast hosted by the Michigan Farm Bureau, gathers together the three agencies that comprise USDA’s Farm Production and Conservation mission area: the Farm Service Agency, the Natural Resources Conservation Service, and the Risk Management Agency.”

Today’s update added that, “‘Many farmers are out in their fields using equipment that is connected to satellite and GPS technology, yet when they need to interact with USDA, they have to stop, fill out a paper form, and fax or carry it to their local office. That is a real digital divide,’ Perdue said. ‘Our staff is friendly, and they love to see farmers in person, but they know that time is valuable. Producers are working hard to make their farms profitable, so these tools will help get the paperwork done without taking a big chunk out of the day to fill out forms.’

“Farmers.gov is mobile device-friendly and can identify for farmers the most convenient USDA office locations. New functions will be added shortly, including an interactive calendar, farming success stories, an online appointment feature, digital forms, and a business data dashboard. Additionally, when the 2018 Farm Bill is signed into law, there will be plain language program descriptions and a tool to determine eligibility.”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed

Urban Farms Continue Upward Trajectory; Mass-Market Benefits Unrealized

Jonathan Margolis indicated yesterday at The Financial Times Online that, “The basil is ready to harvest. The warm, humid air is sweet with the aroma of herbs ready to give their lives to the glory of pesto, tomato sauces and salads.

“Close your eyes and you could be in Umbria. Open them, and you are in a greenhouse in Brooklyn, New York. Outside it is minus 7 degrees and snowing. The workers tending the hydroponically-fed plants inside are farmers — but of an indoor, urban variety.

“This is one of three New York salad vegetable farms run by Gotham Greens, a seven-year-old company (there is another farm in Chicago and four more will open this year). The greenhouses grow pesticide-free produce for hyper-local distribution.”

The FT article noted that, “It sounds like an awful lot of salad. But Viraj Puri, a former environmental engineer and the company founder and chief executive, admits: ‘We are still a relative drop in the bucket.’

“‘Our industry is in its infancy. Our revenues are now above $10m, but the overall produce market in the US is $30bn. But it’s a serious attempt to decentralise and disrupt the supply chain.'”

Mr. Margolis added that, “I asked Paul Wilson, a professor of agricultural economics at the UK’s Nottingham university, about this. He believes urban suppliers such as Gotham Greens ‘could take off in a serious way, even though for now they are niche.’

“But for the moment, economies of scale will ensure that shipped-in produce is cheaper, much like New Zealand lamb is cheaper than British lamb for UK consumers.

“Perhaps so. But I hope local, technology-aided, sustainable farming continues on its gentle upwards trajectory.”

Posted in Agriculture Law, General Interest, Real Estate Law | Comments closed