Schaerr Jaffe LLP Actively Opposed Regulations that would Stifle the Pork and Farming Industries

A regulation that would impact the farming industry was targeted through the case National Pork Producers Council and American Farm Bureau Federal v. Karen Ross et al., Proposition 12. Essentially, the regulation was concerned with the state of California establishing standards for purchasing pork that would require out-of-state sellers to invest significant sums of money and markedly change their operations. As California is one of the nation’s leading pork-consuming states, while producing virtually none, these standards would strongly impact businesses operating outside of California. 

Proposition 12 Would Unduly Impact Out-of-State Businesses and Lower Income California Residents 

The regulation would effectively allow California to erect barriers to interstate trade and commerce. The regulation would not only serve to harm farmers and businesses operating in the pork industry but also potentially violate federal law. The purpose was to establish standards, such as a required 24 square feet per sow, that would support the state’s perceived minimal standard for pork processing. In reality, it would lead to an estimated $1.9 to $3.2 billion in costs to the businesses operating in the industry. 

The regulation would not only drastically increase the cost of production for pork producers providing to California but would also increase the cost of pork to consumers in the state. A rise in the pork price is thought by the National Pork Producers’ Council to disproportionately impact persons of lower income, further drawing into question the benefits of the regulation. If residents of California and businesses in a variety of states would suffer to ensure California standards concerning sow raising are met, the question is raised: whose welfare is more important, citizens and the people who own businesses, or pigs? 

The dedicated governmental and regulatory affairs lawyers from Schaerr Jaffe LLP regularly represent the best interests of businesses that have been impacted by governmental regulation. We also contribute our expertise towards amicus briefs to submit to the court to support various industries in which our clients are engaged. 

Amicus Briefs Provide Relevant Information and Data to Help Guide the Court’s Decisions 

An amicus brief is a term derived from the Latin “amicus curiae,” which means friend of the court. When there is a case that may significantly impact how business is done at large in a particular region or industry, it is common for these briefs to be filed in support of whichever side has advocated. Our brief filed in terms of National Pork Producers Council & American Farm Bureau Federation v Karen Ross, et. al. was filed in support of the pork industry against prospectively repressive regulations that could stifle the industry and financially harm the businesses in it. 

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