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Groups Seek Legal Remedies to Stop Prop 12
USAgNet - 01/24/2022

The U.S. Supreme Court was set to consider whether to take the National Pork-American Farm Bureau Federation case challenging California’s Proposition 12, which bans the sale in California of pork from hogs born to sows raised anywhere in housing that does not meet the state’s arbitrary standards, after the decision was put off for a second week.

Prop. 12 took effect Jan. 1. The NPPC-AFBF case, which argues that Prop. 12 violates the Constitution’s Commerce Clause, limiting states’ ability to regulate commerce outside their borders, originally was to be considered at a Jan. 7 conference but was relisted to last Friday, then postponed again. In a related matter, several California business groups, including the Hispanic Chamber of Commerce, have sued to stop implementation of Prop. 12.

The Superior Court in Sacramento last week week heard the groups’ request to delay the initiative until 28 months after regulations on it are finalized.

In addition to its case against California’s Prop. 12, NPPC is watching for the U.S. Supreme Court’s decision on whether to hear a case involving “waters of the United States.” It stems from a 2004 order from the U.S. Environmental Protection Agency stopping Michael and Chantell Sackett from building on their land because of the presence of “wetlands.” The Supreme Court is being asked to clarify EPA’s jurisdiction under the Clean Water Act.

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