Supreme Court Ruling Impacts Grain and Livestock Industries

August 17, 2023

This spring, Illinois pork producer Chad Leman received a grim announcement from the Supreme Court on his fiftieth birthday.

 

On May 11, 2023, the Supreme Court upheld California’s Proposition 12. The approved ballot initiative banned the use of gestation crates for whole pork meat sold in California.

 

 “The Supreme Court gave me a gift that I really didn’t want,” said Leman, also the president of the Illinois Pork Producers Association (IPPA). “Of roughly 75% (of the pork grown in the US) that is consumed here, California consumes 15% of it. It’s a really big deal.”

Although California consumes 15% of the United States domestic pork demand, the state produces less than 1% of it’s supply. The burden to comply with the regulations mostly falls on hog producers in other states working to meet the demand. 

 

The regulations change the previous space requirement of 16 to 18 square feet per sow to 24 square feet per sow. The Illinois Pork Producers Association estimates approximately 350,000 hogs will need to change housing to meet the demand. 

 

Leman said the process of converting barns to meet Proposition 12 requirements is not simple. The National Pork Producers Council estimates a farmer will invest $3,500 per sow to become compliant with the requirements. “That barn gets gutted, and we basically have to take it down to the concrete slabs and the roof. Then we need to change all the gating and the penning within the barn,” said Leman. “It’s not a quick decision. It’s a very complex one.”

 

Grain Demand

As farmers look to potentially downsize their operations to meet Proposition 12 demands, Leman said the grain industry could be impacted. Leman’s family farm feeds over 80 million pounds of grain to hogs each year. He said most of the feed is corn and soybean meal.“This goes far beyond hog production,” Leman said. “It will affect corn producers and soybean producers.”

 

In June, the Superior Court for the County of Sacramento issued an extension to continue the sale of non-compliant whole pork meat until January 1, 2024. However, as hog farmers look towards the future, the Illinois Pork Producers Association advocates for a permanent federal solution in the 2023 farm bill.

 

IL Corn supports IPPA and works alongside the group as members of the Illinois Farmers Council, a group of agriculture-related associations from across the state.

Family portrait with children, animals, and related activities, displayed in a collage.
By Lyndi Allen January 20, 2026
Bryan Tomm, the newly elected director representing District 13, encompassing Clay, Edwards, Jefferson, Lawrence, Marion, Richland, Wabash, Wayne, and White Counties for the ICGA.
graphic of clint and e15
By Tara Desmond January 16, 2026
Corn growers are encouraged to act now and help hold Congress accountable by making ethanol a priority in the final funding package.
Man standing in field; ad promotes E15 fuel. Text:
By Lyndi Allen January 16, 2026
Congress is considering including the Nationwide Consumer and Fuel Retailer Choice Act into the pending funding package, which would allow for year-round, unrestricted sales of E15 nationwide
gas pump
By Tara Desmond January 15, 2026
Ethanol isn’t new—and neither is the research behind it. For more than 20 years, studies have shown higher ethanol blends reduce harmful gasoline emissions and improve air quality in both rural and urban communities.
radicle challenge logo
By Radical Growth & Tara Desmond January 15, 2026
Radicle Growth launches the Radicle Corn Challenge, investing $1.75M to drive new demand for corn through innovative products and technologies.
By Tara Desmond January 15, 2026
Show More