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SCOTUS to hear arguments for two ag cases in October

The Supreme Court will hear oral arguments for two closely watched ag cases in October.  The Court released its oral argument schedule on Tuesday for the first sitting of the 2022-2023 term.

On October 3, the Court will review the 9^th Circuit’s ruling on Sackett V. EPA to decide if the proper tests were used to determine if wetlands were truly “waters of the United States” under the Obama-era Clean Water Act.  Earlier this year the National Cattlemen’s Beef Association filed an amicus brief in support of the Sacketts, arguing for a clear and limited definition of the Waters of the US rule.   NCBA Environmental Counsel Mary-Thomas Hart says the organization has consistently advocated for a limited WOTUS definition that provides flexibility and certainty to cattle producers across the country.

On October 11, the Court will hear arguments in National Pork Producers V. Ross to resolve the dormant Commerce Clause challenge to California’s Proposition 12, which makes it a criminal and civil violation to sell pork in California unless the animal is raised in a specific manner.  In a statement to Brownfield, the National Pork Producers Council said Proposition 12 unconstitutionally regulates commerce outside the state of California by overstepping its authority to govern activity beyond its borders and imposes arbitrary production standards that will result in substantial burdens on out-of-state farmers and their customers.  NPPC says it is looking forward to presenting its case to the court to continue the fight for the preservation of America’s pork producers to raise pigs in a way that’s best for their animals’ well-being and allows producers to continue selling affordable and nutritious pork to consumers both here and across the globe.