South Dakota
SD attorney general lends support to fight against animal confinement law • South Dakota Searchlight
Iowa and 21 other pork-production states, including South Dakota, are pushing for an appeal of a federal district court ruling that upheld a 2016 ballot measure in Massachusetts to prohibit the sale of pork, poultry and veal from livestock that were “confined in a cruel manner.”
Iowa Attorney General Brenna Bird headed an amici curiae, or an informational brief in support of one side of a case, with 21 additional states to voice opposition to laws that impose “unworkable restrictions” on hog producers.
The 2016 measure, known as Question 3, has been challenged multiple times by hog farmers and pork coalitions, most recently by Missouri-based Triumph Foods, with support of a coalition of pork producers, including Iowa, in 2023.
The law is similar to California’s Proposition 12 in that both restrict the sale of meat from pigs, calves raised for veal or egg-laying hens that were raised in a confining manner, “that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely.”
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The U.S. Supreme Court rejected challenges made by pork producers of the California law in May 2023. U.S. District Judge William Young in the District of Massachusetts dismissed most of the most of the claims against the Massachusetts law, leaving only one in question, which he rejected in July 2024.
This final claim argued that the Massachusetts law, the Prevention of Farm Animal Cruelty Act, was preempted by the Federal Meat Inspection Act. Young upheld the law and ruled it banned the sale of noncompliant meat and did not directly impact slaughterhouse rules.
The brief filed by Bird and the other states, is in support of Triumph Foods’ appeal to the latest district court decision.
“The Massachusetts pork ban is absolute hogwash,” Bird said in a press release about the brief. “Massachusetts does not get to tell Iowans how to raise their pork.”
The brief opens with a hypothetical of Iowa imposing a trade restriction on shellfish based on the way it was harvested, even though the land-locked state has little knowledge of these processes.
“That is what Massachusetts is doing here—imposing a detrimental and overly burdensome regulatory scheme on the almost entirely out-of-Massachusetts pig farmers and pork processors,” the brief reads.
The brief goes on to say that Q3 will, “deny market access to out-of-state pork farmers and processors,” “harm agricultural states,” and “increase the price of pork for all Americans.”
The opposing states argue that the law violates several inter-state commerce clauses of the Constitution.
The recent brief argues that allowing states to set their own confinement rules creates a patchwork of regulation, which would be costly for pork producers to adhere.
“Farmers in Iowa could invest millions of dollars to remodel their hog farms to comply with Massachusetts’s requirements only to find New York enacting a law imposing larger housing requirements per pig,” the brief said.
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Federal lawmakers have pushed for several years to pass versions of the Ending Agricultural Trade Suppression, or EATS, act to prohibit individual states and local governments from enacting laws that would impose “a standard or condition on the preharvest production of any agricultural products,” sold across state lines.
The bill was introduced in 2023 by Republican Kansas Sen. Roger Marshall, with co-sponsors including Sen. Joni Ernst and Sen. Chuck Grassley of Iowa.
The House Agriculture Committee’s website on the 2024 Farm Bill lists a similar “legislative solution” to Proposition 12 and similar state laws.
Congress failed to pass a new Farm Bill before its Sept. 30 expiration, due to disagreements on funding. Lawmakers could pass a new Farm Bill when they return Nov. 12.
Attorneys general from Alabama, Arkansas, Georgia, Louisiana, Kansas, Kentucky, Missouri, Mississippi, Montana, Nebraska, North Dakota, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia and Wyoming, are listed on the recent brief led by Bird.
Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: [email protected]. Follow Iowa Capital Dispatch on Facebook and X.
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South Dakota
America’s Biggest Petrified Park Has Otherworldly Vibes Next To South Dakota’s Cowboy Capital – Islands
On the prowl for the most unique roadside stops across America? Then buckle up and cruise on over to Lemmon — aka, the “cowboy capital” of South Dakota. There, right off U.S. Highway 12, you’ll find an otherworldly roadside oddity known as the Lemmon Petrified Wood Park & Museum. The peculiar park is the largest of its kind, taking up an entire block in the heart of the town’s downtown area. “It’s touted as the ‘Biggest Petrified Wood Park’ in the world which makes me wonder how many there are,” one past visitor wrote in a Tripadvisor review. “My guess is the Lemmon one is the only one and that it’s an inside joke. Go see it.”
This outdoor gem was the brainchild of a local amateur geologist named Ole Sever Quammen, Roadside America reports. As the park’s name suggests, it was created using thousands of tons of petrified wood, which is the fossilized remains of trees, as well as bits of boulders and dinosaur bones. “The petrified wood that was used in this park is just stunning,” another park-goer shared on Tripadvisor. “It all came from the fields surrounding the town and they put their creative genes to work. Plus, they have a display of rocks that have [dinosaur] claw marks in them. A very interesting park and worth a bit of your time to walk around.”
Opened in the early 1930s, the park was eventually donated to the town in the 1950s, where it still stands for all to enjoy today. You can freely stroll the grounds throughout the year. However, the on-site museum and gift shop are only open in the summer from Memorial Day to Labor Day during the hours of 9 a.m. to 5 p.m.
See fossilized wood sculptures and more on display
Teeming with whimsy and wonder, this nook of the artsy, off-the-beaten-path town of Lemmon is definitely worth a visit if you’re in the area. Meander among the 100 or so unique petrified wood sculptures and other attractions scattered across the park. There’s certainly plenty to see, from a stunning waterfall fountain and wishing well to an imposing castle-like structure bedecked with dinosaur bones and lofty spires — some of which tower 20 feet above the ground.
If you visit in season, be sure to check out the indoor exhibits, too. The Petrified Wood Park & Museum doesn’t charge an admission fee, at the time of writing, making it one of the best free museums in America for a family day trip. “This is a great place to learn about the history of the area,” reads a Tripadvisor review. “The docents in the museum and gift shop are gems! There is a playground and public restrooms on the adjacent block, making this a nice place to stop for a break on a long drive.”
As if this place could get any cooler, you can even donate various artifacts and other historic relics to the park’s collection, though there’s no guarantee that your item will be put on display. If you want to take a gander at more dinosaur fossils, be sure to stop by the Grand River Museum before leaving town. It’s less than half a mile away and boasts an array of exhibits about the early ranching days, the history of Native peoples, and much more.
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