On July 1, the United States Supreme Court delivered a win for local control and a blow to Big Ag when it declined to hear the Iowa Pork Producers Association’s case against a California law that mandates the amount of space livestock animals, in particular hogs, have while being raised.

The Iowa Capitol Dispatch explains the case:

“The U.S. Supreme Court declined Monday to hear Iowa Pork Producers Association’s case against a California law that mandates the amount of space livestock animals, in particular hogs, have while being raised.

The Supreme Court has ruled on a previous case in favor of upholding the California law, which opponents argue puts an unfair burden on pork producers by impacting their ability to sell to the state.

The IPPA lawsuit argued Proposition 12, which voters approved in 2018, imposed excessive burdens on interstate commerce and discriminated against out-of-state farmers.

The case was heard in the U.S. Court of Appeals for the 9th Circuit, which ruled in June 2024, in favor of California. IPPA filed a petition asking the Supreme Court to review the decision, which is the petition the court denied Monday.

The California law (Proposition 12), which went into effect in 2024, stipulates that regardless of where an animal was raised, it must comply with the state regulation on animal confinement in order to be sold in California. The law stipulates sow enclosures must have at least 24 square feet of room….

The west-coast state is a major pork consumer, meaning its laws have a big impact on pork production across the country and in states like Iowa, which produces the most pork in the nation.“

The rejection of this case is a decided win for local control and the ability for states to take action against the consolidation of the agriculture industry.  If the livestock industry in one state could sue over a local law in another state, that would have posed a significant threat to any kind of local level cap or rules that citizens in other jurisdictions vote into place.

While this case represents a major milestone, there is still work to be done. The EATS Act is currently making its way through Congress and would directly threaten the ability of any local government to regulate agriculture.  Under the misleading name of “Ending Agricultural Trade Suppression,” the EATS Act would limit the ability of states and local governments to impose standards or conditions on agricultural products produced in other states.  This law, if passed, would override state and local laws related to food safety, animal welfare, and other agricultural practices, potentially impacting regulations like California’s Proposition 12. For information on making your voice heard on the EATS Act, contact me at the e-mail below.

For decades, Land Stewardship Project members have used the power of local democracy to stop factory farms and build more vibrant rural communities. Through local control, townships and counties can block unwanted development, planning instead for projects that put the land and the people first.  You can learn more about our work in this area and join us in that work here.

LSP policy organizer Matthew Sheets can be reached via e-mail.