November 4, 2020
National Pork Board
Page 13
Lost Creek Guide
U.S. Supreme Court upholds Indiana’s Right to Farm Act
Indiana Court of Appeals ruling that the plaintiffs’ nuisance and trespass claims are barred by the RTFA stands as final decision.
Oct 05, 2020The U.S. Supreme Court denied the plaintiffs’ petition for Certiorari in the Himsel v. Himsel case upholding the protections from nuisance claims afforded by Indiana’s Right to Farm Act. Today’s decision means that the April 22, 2019, Indiana Court of Appeals Judgment stands as the final decision in this matter. “As painful and expensive as this five-year litigation has been for the Himsel defendants and Co-Alliance, the case has ultimately strengthened the Right to Farm Act protections for Indiana farmers and provides an important agricultural legal precedent for Right To Farm protections across the country,” says Elizabeth South, vice president and general counsel of Co-Alliance. On July 17, the Hoosier Environmental Council and a Harvard Law School Clinic had filed the petition on behalf of plaintiffs Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon and Susan M. Lannon, asking the U.S. Supreme Court to review the case against defendants 4/9 Livestock LLC, Co-Alliance, Samuel T. Himsel, Cory M. Himsel and Clinton S. Himsel. The question presented was whether Indiana›s Right to Farm statute provides complete immunity for nuisance and trespass liability to an «industrial-scale hog facility» and in doing so, is that violating the Takings Clause of the Constitution? «On behalf of Co-Alliance, we are so pleased for Sam, Cory and Clint Himsel and their families that this long battle has concluded in our favor,» says Kevin Still, president and CEO of Co-Alliance. «Throughout this difficult process the Himsel family farm has continued the hard work of farming and raising livestock. However, this litigation has not come without costs both personal and financial for all of the defendants, and therefore Co-Alliance will be pursuing a case for attorney›s fees against the plaintiffs who are represented by an attorney from Hoosier Environmental Council for this protracted litigation.» «I am glad the litigation has concluded, and am proud that Co-Alliance stood side-byside with its growers fighting for the preservation of rights for all farmers in Indiana,» says Dewey Bucher, vice president of Swine and Animal Nutrition for Co-Alliance. «This decision not only strengthens livestock growers› protections, but ultimately also benefits row crop farmers as much of their Indiana grown grain is converted to feed for livestock.» “Our family has lived with this stressful lawsuit since October 2015. We are relieved that our farming way of life and multi-generational agricultural livelihood can continue uninterrupted and be passed on to my grandchildren,” says Sam Himsel, speaking on behalf of his entire family. “We hope the United States Supreme Court decision to not take this case, helps farming rights for future generations of Hoosier farmers. We greatly appreciate all of the support that we have received from Co-Alliance, the agricultural community and our lawyers who fought for us from Day 1 and who prevailed at the trial court, the Indiana Court of Appeals, the Indiana Supreme Court and now finally at the Unites State Supreme Court.” The plaintiffs first filed a lawsuit in 2015 alleging the farm diminished their quality of life and reduced their property values. In April 2019, the Indiana Court of Appeals ruled that the plaintiffs’ “nuisance and repackaged negligence and trespass claims are barred by the RTFA” and “the trial court properly granted summary judgment in favor of the defendants on all claims.” Source: Co-Alliance, which is solely responsible for the information provided, and wholly owns the information. Informa Business Media and all its subsidiaries are not responsible for any of the content contained in this information asset.
Colorado Department of Ag Grant Funding Available
The Colorado Department of Agriculture is making about $1 million in grant funding available for Colorado farmers, ranchers, food hubs and processors to support them in adjusting to the impact of the COVID-19 pandemic on the food supply chain. Colorado agricultural producers are eligible for grant awards up to $12,500. Farmers markets, food hubs, processors, and other intermediaries that support producers are eligible for up to $50,000. The respond and rebuild grants will be administered by the independent Colorado Farm & Food Systems Response Team. To date, the fund has provided more than $370,000 to producers and intermediaries across Colorado, focusing on the needs of small- and midsize growers, beginning farmers and ranchers, veteran farmers, farmers of color, LGBTQ+ farmers, and female farmers — producers who are often underserved by public programs and projected to bear the brunt of the crisis’s impact. Applications are open through Monday, Nov. 9, 2020. Apply here.
Public Notice
Public Notice is hereby given pursuant to §42-20-302 (4), Colorado Revised Statutes (CRS), that a petition has been filed with the Colorado State Patrol to reinstate the “petroleum exemption” and to institute the “crude oil exemption” on the following public roadway: Weld County Road 49, between US-34 and I-76 A petition has been filed with the Colorado State Patrol by the Weld County Board of County Commissioners that would allow for commercial motor vehicles transporting gasoline, diesel, liquefied petroleum gas and crude oil in quantities requiring a placard on the designated route. The petition has been filed in accordance with §42-20-302, CRS. The petition may affect Weld County and the communities of Kersey and Hudson. The Colorado State Patrol will hold Informal Public Conferences (IPCs) regarding the proposed designations. The purpose of the IPCs are to inform stakeholders of the petition and to gather feedback before the Colorado State Patrol renders a decision on the matter. Due to the current COVID-19 pandemic, the IPCs will be held virtually using the Zoom platform on the following dates: December 1, 2020 at 5:30PM December 5, 2020 at 10:00AM Those wishing to attend these virtual, IPCs must register via the Colorado State Patrol Hazardous Materials Section website at: https://www.colorado.gov/pacific/csp/hazardous-materials Please then follow the posted link for purposes of registering. Individuals may also provide written comment via email to: john.hahn@state. co.us or via U.S. Mail to: Colorado State Patrol Hazardous Materials Section C/O Captain John Hahn 15065 S. Golden Road Golden, Colorado 80401 All written comments must be received by no later 11:59PM on November 30, 2020.
Noticia Publica
Por la presente se da Noticia Publica conforme a §42-20-302 (4), Estatutos Revisados de Colorado (CRS), que una petición ha sido solicitada a la Patrulla Estatal de Colorado para reintegrar la “Excepción Petrolera” y para instituir la “Excepción del Petróleo Crudo” en la siguiente carretera publica: Carretera 49 del Condado de Weld, entre la US-34 y la I-76 Una petición ha sido solicitada a la Patrulla Estatal de Colorado por la Junta de Comisionados del Condado de Weld que permitiría a los vehículos comerciales que transportan gasolina, diésel, gas de petróleo licuado y petróleo crudo en cantidades que necesiten placa o cartel en las rutas designadas. La petición fue solicitada en acuerdo con §42-20-302, CRS. La petición puede afectar el Condado de Weld y las comunidades de Kersey y Hudson. La Patrulla Estatal de Colorado tendrá Conferencias Informales Publicas (IPCs) con respecto a las propuestas designadas. El propósito de las IPCs es para informar a los interesados de las propuestas y obtener retroalimentación antes de que la Patrulla Estatal de Colorado tome una decisión con respecto a la petición. Debido a la pandemia actual COVID-19, las IPCs se llevarán a cabo de forma virtual usando la plataforma Zoom en las siguientes fechas: Diciembre 1, 2020 a las 5:30 PM Diciembre 5, 2020 a las 10:00AM Los interesados en atender las IPCs virtuales tendrán que registrarse por medio de la Sección de Materiales Peligrosos de Patrulla Estatal de Colorado a la página web: https://www.colorado.gov/pacific/csp/hazardous-materials Por favor siga el enlace publicado para registrarse. También se pueden enviar comentarios escritos por medio del email : john.hahn@ state.co.us o por correo postal a: Colorado State Patrol Hazardous Materials Section C/O Captain John Hahn 15065 S. Golden Road Golden, Colorado 80401 Todos los comentarios escritos deben recibirse no más tarde de las 11:59PM del 30 de Noviembre del 2020.
New directional sign for connecting to I-76 on County Road 49
Last ten days or so there was a new sign put up on the west side of County Road 49 as you approach I-76 providing directional information. It came down after a few days and was replaced by a bigger, more conventional sign. The Lost Creek Guide is attempting to determine who put it up, CDOT, Weld County or the Town of Hudson. As of yet we have not been able to determine. Will keep you advised.
