The Environmental Protection Agency’s ban on the insecticide chlorpyrifos was arbitrary and capricious, mainly because the two-year-old decision to ban it was rushed.
Consequently, the U.S. Court of Appeals for the Eighth Circuit has vacated the 2021 ban and ordered EPA to think about how it regulates one of the
Continue Reading EPA rush job means the pesticide chlorpyrifos will be back in the fields in 2024
For the conservative Eighth Circuit, lying to gain access to the property on the premise that animal abuse might be occurring does not cut it as First Amendment-protected speech.
A three-member panel on Aug. 10 overturned a district court ruling that found an Iowa “ag-gag” law violated the First Amendment.
Continue Reading Eighth Circuit breaths life back into Iowa’s ‘ag-gag’ law
A divided 3-member panel of judges from the Eighth Circuit has overturned an Arkansas district court ruling over one of the more complicated ag-gag cases.
It’s a big win for the Animal Legal Defense Fund, Animal Equality, Center for Biological Diversity, and the Food Chain Workers Alliance. On the losing
Continue Reading Arkansas civil action version of Ag-gag struck down by Circuit Court
A federal judge has decided not to toss out a lawsuit about the constitutionality of Iowa’s 6-year-old “agricultural production facility fraud” statute, meaning the issue will very likely go to trial next year.
Federal District Court Judge James E. Gritzner, in a 38-page opinion, on Feb. 27 denied the crux
Continue Reading Activists’ case on constitutionality of ‘ag-gag’ law advances
It looks like Austin “Jack” DeCoster and son Peter DeCoster will both be wintering at the federal prison in Yankton, SD. The 8th U.S. Circuit Court of Appeals denied petitions from the DeCosters who were both seeking a rehearing en banc or a rehearing by a three-judge panel. Only Chief
Continue Reading 8th Circuit denies rehearing; DeCosters must serve jail time
The 8th U.S. Circuit Court of Appeals wants the government to have sufficient time to respond before it decides whether to grant a rehearing on the jail sentences for 82-year-old Austin “Jack” DeCoster and his 53-year-old son Peter DeCoster, the egg men implicated in a nationwide Salmonella outbreak in 2010.
Continue Reading Government gets extra time to respond on DeCosters’ rehearing
As legal experts were predicting, the appellant attorney for Austin “Jack” DeCoster and Peter DeCoster got a deadline extension in his quest to obtain another review of the pair’s sentences in a case about the 2010 Salmonella outbreak linked to their eggs. Attorney Peter Keisler of the Washington D.C. firm
Continue Reading Odds could favor DeCosters’ desire for review of egg sentence
When it went through the trial court, the case just seemed like a switch-a-roo scheme that got busted. But now, a consolidated appeal with oral arguments planned is sparking broader interest because it’s become a question about the jurisdiction of federal courts. The U.S. Court of Appeals for the Eighth
Continue Reading Halal appeals get meaty; federal court jurisdiction challenged
The U.S. Court of Appeals for the Eighth Circuit in St. Louis has received the final reply brief filed on behalf of Austin (Jack) DeCoster and his son, Peter DeCoster, by their legal team led by Peter D. Keisler. Keisler and his colleagues from the prominent Washington, D.C., law firm
Continue Reading Written Arguments Submitted in DeCoster Appeal of Jail Time
