Agriculture

Download a PDF of the article here  Over my last 25 years, as a lawyer practicing in the Central Valley of California, I have defended many farming operations and their employees, for accidents which involved tractors, trailers, or other moveable equipment referred to in Vehicle Code section 36000 as an “implement of husbandry.” These vehicles and equipment are typically designed…

By Craig A. Tristao Download a PDF of this article here Do you need a National Pollutant Discharge Elimination System (NPDES) permit for a discharge to groundwater? Before the Supreme Court’s April 23, 2020, decision in County of Maui, Hawaii v. Hawaii Wildlife Fund (2020) __ U.S. ___, Docket No. 18-260, many believed, and the Environmental Protection Agency (EPA) had…

This blog is re-posted from the Milk Producers Council Newsletter.  If you have any questions please contact Kevin Abernathy at the Milk Producers Council or Lee N. Smith or Craig Tristao of our office.. The Central Valley Regional Water Quality Control Board (Regional Board) officials confirmed Thursday that they are in the process of contacting about 70 dairies to investigate…

The California Supreme Court in October denied the Petition for Review of the Second District  Court of Appeal’s opinion that a  Proposition 65 suit concerning acrylamide in breakfast cereals was preempted by federal law.  Although the trial court  rejected this argument the cereal manufacturers successfully appealed  to the Court of Appeals. The Court found that a Prop. 65 cancer warning on…

Although there is a recent State Appeals court case  that upholds the State’s ability to list Glyphosate as a Prop 65 chemical and would require labeling as such starting July 2018 ((5th Dist.) there is also a federal ruling on preliminary injunction that prohibits the enforcement of Prop 65 labeling for glyphosate.(CAED) The State case (decided in April) involved whether the…