SCOTUS to hear arguments for two ag cases in October


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 9th 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.