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Agriculture Law
 
Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

United States of America v. Dortha M. Harper Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Little Rock, AR - England Woman Sent to Prison for Role in Scheme to Steal USDA Funds Intended to Feed Hungry Children

Dortha Harper, 52, of England, to prison for her role in a multi-million dollar scheme to steal money intended for feeding children in low income areas.

Judge Moody sentenced Harper on Tuesday to 33 months’ imprisonment followed by three years of supervised relea... More...
   $0 (01-18-2018 - AR)

United States of America v. Abdulkareem Daham District of Maine Federal Courthouse - Bangor, Maine

Portland, ME - Westbrook Man Convicted for SNAP and WIC Trafficking Conspiracy

Abdulkareem Daham, 22, of Westbrook, Maine, was convicted January 11, 2017 following a three-day jury trial in U.S. District Court of conspiracy to defraud and to commit offenses against the United States. The charges arise out of the defendant’s employment at Ahram Halal Market on Forest Avenue in Portland. ... More...
   $0 (01-11-2018 - ME)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

United States of America v. Harold R. Mugler District of Kansas Federal Courthouse - Wichita, Kansas

Wichita, KS - Clay Center Man Sentenced For Loan Fraud

A Clay Center man was sentenced on December 15, 2017 to two years on supervised release for selling assets he had pledged as collateral on a federal loan, U.S. Attorney Tom Beall said today. The defendant was ordered to pay approximately $84,594 in restitution.

Harold R. Mugler, 64, Clay Center, Kan., pleaded guilty to one c... More...
   $0 (12-17-2017 - KS)

Brandon Powers v. The State of Texas

The Junction Police Department dispatched an officer one evening to respond to a reported
domestic disturbance. When the officer arrived at the scene, Josette McAnelly reported Powers
had killed her puppy by repeatedly slamming the puppy’s head against a door jamb. Powers was
thereafter indicted for cruelty to animals, and the case proceeded to a jury trial. The jury found
Powe... More...
   $0 (12-17-2017 - TX)

GEORGE EVANS v. UNITED STATES OF AMERICA The Asian Longhorned Beetle

THE BEETLES
We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

State of Missouri v. Mark Shanklin SUPREME COURT OF MISSOURI

St. Louis City police detectives went to Shanklin's residence after a "utility inquiry"
showed excessive electricity use consistent with marijuana cultivation. Shanklin answered
the door and consented to a search. Police discovered more than 300 live marijuana plants.
Police also discovered several hundred grams of packaged marijuana, a mesh dryer, and a
digital scale commonl... More...
   $0 (12-06-2017 - MO)

George Evans v. United States of America District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

City of Eudora, Kansas v. Rural Water District No. 4, Douglas County, Kansas District of Kansas Federal Courthouse - Kansas City, Kansas

Defendant Rural Water District No. 4, Douglas County, Kansas (“Douglas-4”)
appeals the district court’s order granting summary judgment in favor of Plaintiff
City of Eudora, Kansas (“Eudora”) in this declaratory judgment action. This is the
third appeal arising out of a dispute between Douglas-4 and Eudora over which entity
can provide water service to certain areas near Eudora, Ka... More...
   $0 (11-20-2017 - KS)

Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

Dena Utter v. Amie Rose Colclaizer Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiffs Kena Utter, Aubree Holsapple, and Dara Campbell (collectively, the Teachers) appeal the district court’s dismissal of their numerous federal and state claims against the Seminole School District (District), which is governed by the
2
Seminole Board of Education (the Board), and three of the Board’s five members,
Amie Rose Colclazier, Jack Cadenhead, and Mickey Upton (collec... More...
   $0 (11-07-2017 - NV)

United States of America v. Essential Oils, L.C. Federal Courthouse - Salt Lake City, Utah

Salt Lake City, UT - Essential Oils Company Sentenced for Lacey Act and Endangered Species Act Violations to Pay $760,000 in Fines, Forfeiture, and Community Service, and to Implement a Comprehensive Compliance Plan

YOUNG LIVING ESSENTIAL OILS, L.C., (the Company), headquartered in Lehi, Utah, pleaded guilty in federal court to federal misdemeanor charges regarding its illegal trafficking... More...
   $760000 (09-19-2017 - UT)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

ASSN. DES ELEVEURS DE CANARDS V. XAVIER BECERRA Ninth Circuit Court of Appeals - San Francisco, California

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the bird’s esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

United States of America v. Martin Jakubowski Federal Courthouse - Hammond, Indiana

Hammond, IN - Indiana Animal Control Officer Pleads Guilty to Interstate Diversion of Veterinary Drugs

Investigation Snares Martin Jakubowski for Providing Assistance to Suspected Dog Fighter

The Acting Superintendent of Animal Control and Parks for the city of Whiting, Indiana, pleaded guilty on August 24, 2017 to diverting prescription veterinary antibiotics that were the prope... More...
   $0 (08-24-2017 - IN)

Anthony D. Kolton and S. David Goldberg v. Michael W. Frerichs, Treasurer of Illinois

Anthony Kolton deposited
money into an interest-bearing bank account in Illinois.
Years passed without activity in the account, so the bank
transferred Kolton’s money to the State of Illinois as the Disposition
of Unclaimed Property Act requires. 765 ILCS
1025/13. The Act is not an escheat statute—it gives Illinois
custody, not ownership, of “presumed abandoned” property.More...
   $0 (08-22-2017 - IL)

United States of America v. Erica Warren and Alexis Young Federal Courthouse - Little Rock, Arkansas

Little Rock, AR - Two Women Sentenced for Conspiracy in Scheme to Steal Feeding Program Funds

Erica Warren, 38, of Little Rock, and Alexis Young, 38, of Bryant, were sentenced to federal prison for conspiring to commit mail fraud. The charge relates to a conspiracy to fraudulently obtain United States Department of Agriculture (USDA) program funds intended to feed children in low income a... More...
   $0 (08-21-2017 - AR)

United States of America v. Carrie Godfrey Federal Courthouse - Pierre, South Dakota

Pierre, SD - Former Tribal Executive Sentenced to Federal Prison for Embezzlement

Defendants Prosecuted as Part of The Guardians Project, a Federal Law Enforcement Initiative to Combat Corruption, Fraud, and Abuse in South Dakota

A former executive board member of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe was sentenced in federal court on August 17, 2017, to 10... More...
   $0 (08-20-2017 - SD)

United States of America v. Larry White, Sr. and Erica White Federal Courthouse - St. Louis, Missouri

Cape Girardeau, MO - Two Convenient Store Managers Sentenced on Federal Charges Involving Food Stamp Fraud

Larry White, Sr., 63, and Erica White, 35, both of Sikeston, were sentenced August 16, 2017 – Larry to 33 months in prison and Erica to 1 year and 1 day in prison on charges of misusing the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program.More...
   $0 (08-16-2017 - MO)

Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo

Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit against the... More...   $0 (08-14-2017 - NC)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

United States of America v. Anthony Gaines, a/k/a "Monty," Lydell Harris, a/k/a "Sinn," Frank Nichols, Pedro Cuellar and Mari Atkinson Federal Courthouse - Trenton, New Jersey

Trenton, NJ - Five Plead Guilty in Multi-State Dog Fighting Prosecution
New Jersey and Chicago-Area Defendants Convicted As Part of Operation Grand Champion

Four defendants pleaded guilty today and yesterday to federal charges for their roles in an inter-state dog fighting network spanning from New Mexico to New Jersey. U.S. District Judge Mary L. Cooper in Trenton accepted the follo... More...
   $0 (08-11-2017 - NJ)

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