August 9, 2024
Agricultural Law Weekly Review—August 9, 2024
Environmental Credit Trading: Pennsylvania Passes ‘Carbon Capture and Sequestration Act’ 🌾
On July 17, 2024, Pennsylvania Governor Josh Shapiro signed into law S.B. 831 (Act 87), titled the “Carbon Capture and Sequestration Act.” The law vests “ownership of all pore space in all strata below the surface lands and waters of th[e] Commonwealth . . . in the surface property interest owner above the pore space” and provides that “a conveyance of the surface ownership of real property shall be a conveyance of the pore space.” Additionally, the law directs the Environmental Quality Board to promulgate regulations for carbon injection and storage, authorizes the state Department of Environmental Protection (DEP) to administer permits for carbon storage, and establishes the Carbon Dioxide Storage Facility Fund to cover administrative costs incurred by DEP. The law became effective upon the governor’s signature.
Pesticides: EPA Publishes Draft Strategy for Conventional Agricultural Insecticides
On July 25, 2024, the Environmental Protection Agency (EPA) published a new draft strategy detailing the agency’s “three-step framework” for agricultural insecticide registration and review actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA-HQ-OPP-2024-0299. Also announced by EPA, the draft strategy’s framework guides the agency to (1) “establish[] the potential for population-level impacts to the listed species as not likely, low, medium, or high,” (2) “use[] the potential of population level impacts to invertebrates from Step 1 to identify levels of mitigations needed to reduce spray drift and runoff/erosion to non-target habitats,” and then (3) “identif[y] where in the contiguous U.S. the mitigations identified in Step 2 would apply.” According to EPA, “[t]o determine impacts, the draft strategy considers where a species lives, what it needs to reproduce (e.g., food or pollinators), where the pesticide will end up in the environment, and what kind of impacts the pesticide might have if it reaches the species.” The draft strategy is available for public comment until September 23, 2024.
Crop Insurance: USDA Announces Enhanced Coverage Option Insurance Updates
On July 29, 2024, the U.S. Department of Agriculture (USDA) Risk Management Agency (RMA) announced updates to the Enhanced Coverage Option (ECO) Insurance Program, which will become effective in 2025. According to USDA’s announcement, the agency is “expanding coverage options to almonds, apples, blueberries, grapes, and walnuts for the 2025 crop year and to citrus crops where the Supplemental Coverage Option is currently available in California and Arizona for the 2026 year.” By 2026, this action will increase the number of covered crops from the current 36 to 42 total crop types. USDA also states that “RMA is increasing premium support for all crops covered by ECO to 65% to make the policy more affordable.”
Biotechnology: Cultivated Meat Company Announces UK Approval, More Applications Filed in Five Countries
On July 10, 2024, Meatly, a cultivated meat company, announced that the company had “received regulatory clearance to sell cultivated meat for pet food in the [United Kingdom].” The company, formerly known as “Good Dog Food,” stated that this approval “follows a close collaborative process between Meatly and the UK’s regulatory bodies, the Food Standards Agency, the Department for Environment, Food and Rural Affairs, and the Animal and Plant Health Agency.” According to the press release, Meatly is the first company in the world to receive approval to sell cultivated pet food. The announcement states that the company “plans to launch the first samples of its commercially available pet food this year.” Additionally, on July 26, 2024, the Paris-based cultivated meat company Gourmey announced that it had “filed applications with the United States Food and Drug Administration, the Singapore Food Agency, the Food Standards Agency in the United Kingdom, the Swiss Federal Food Safety and Veterinary Office, and the European Commission and European Food Safety Authority” for its cell-cultured meat products, including its “flagship cultivated duck product . . . for foie gras enthusiasts.” See also the Center’s Cell-Cultured Food Regulations Issue Tracker.
_________________________________________________
aglaw.psu.edu | Facebook | Twitter@AgShaleLaw | YouTube | LinkedIn
CENTER PROGRAMS & RESOURCES
Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
Impacts of Solar Development on Rural Areas
- August 20, 2024, noon–4:30pm (ET), Online. Staff Attorney Brook Duer presents at Penn State Extension’s Solar Law Symposium.
Right to Repair and Agriculture
- September 18, 2024, noon–1:00pm (ET), Online. Center Director Ross Pifer presents with the National Agricultural Law Center.
2024 Pennsylvania Agricultural Law Symposium
- September 19, 2024, 8:30am–4:30pm, In-person at Penn State Law, Lewis Katz Building, University Park, Pa. Topics: 2023-24 g Law Year in Review, Biosolids and Food Processing Waste Legal Issues, Agricultural Cooperatives, Carbon Credits and Contracts, Farm Labor Contractors and H-2A workers, and Farm Family Representation Ethical Issues. Limited Seating—Register Now!
Podcasts:
Farmland Legal Energy Podcast
Commercial Energy Payments on Farmland (July 17, 2024)
Resources of Interest:
Nat’l Agric. Law Ctr., Farm Bill 2024: Themes in the Proposed Commodities, Forestry, and Horticulture Titles, Samantha Capaldo (July 25, 2024)
Southern Ag Today, In Landmark Ruling SCOTUS Overturns ‘Chevron’ Deference, Brigit Rollins, Nat’l Agric. Law Ctr. (July 26, 2024)
Ohio St. Univ. Ext. Farm Off. Blog, Understanding the IRS’s Perspective on Hobby Farms, Robert Moore (July 26, 2024)
Ohio St. Univ. Ext. Farm Off. Blog, OSHA Proposes First-Ever Rule to Address Employee Heat Exposure, Peggy Kirk Hall (July 23, 2024)
Agric. Law & Tax’n Blog, More Legal and Planning Issues to Ponder, Roger A McEowen (July 21, 2024)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIROMENTAL PROTECTION AGENCY
Biden-Harris Administration Takes Latest Action Under Toxic Substances Control Act to Protect Public from Exposure to Harmful Chemicals (July 24, 2024)
EPA Seeks Nominations for the Farm, Ranch, and Rural Communities Federal Advisory Committee (July 24, 2024)
EPA Announces $3 Million for Community-Driven Solutions to Cut Climate Pollution Across the Hudson Valley in New York (July 22, 2024)
EPA Announces Nearly $250 Million Grant to New Jersey Department of Environmental Protection to Cut Climate Pollution on I-95 (July 22, 2024)
EPA announces $37 million grant to Nez Perce Tribe to cut climate pollution and improve air quality (July, 22, 2024)
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
Biden-Harris Administration announces $190M grant opportunity for payment programs that help private forest landowners address climate change (July 25, 2024)
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service
USDA Restricts PACA Violators in Florida, Georgia and Tennessee From Operating in the Produce Industry (July 23, 2024)
USDA Files Action Against Lakeside Produce Inc. in Michigan for Alleged PACA Violations (July 23, 2024)
USDA Restricts PACA Violators in California, Florida and Texas From Operating in the Produce Industry (July 23, 2024)
USDA Cites United Vegetable Produce Inc. in New York for PACA Violations (July 23, 2024)
USDA Files Action Against Smile Onion 7 Inc. in Maryland for Alleged PACA Violations (July 23, 2024)
USDA Settles a Packers and Stockyards Case with Wahoo Livestock Sales LLC (July 23, 2024)
Economic Research Service
Structure, Costs, and Technology Used on U.S. Dairy Farms (July 25, 2024)
Food Safety and Inspection Service
Constituent Update – July 26, 2024 (July 26, 2024)
Forest Service
USDA announces $190M grant opportunity for payment programs that help private forest landowners address climate change (July 25, 2024)
National Institute of Food and Agriculture
NIFA Invests $8M in Sustainable Agroecosystems (A1451) (July 24, 2024)
NIFA Invests $7.2M in Animal Reproduction (A1211) (July 24, 2024)
National Agriculture Statistics Service
ASS releases 2022 Census of Agriculture Watersheds Report (July 24, 2024)
Natural Resource Conservation Service
USDA Opens Application Period for Composting and Food Waste Reduction Cooperative Agreements (July 26, 2024)
FEDERAL EXECUTIVE AGENCIES (Federal Register July 21–27, 2024):
Agricultural Department
89 FR 60582 Proposed Rule—Comment Period: “Agriculture Acquisition Regulation (AGAR)” (July 26, 2024)
89 FR 59037 Notice: “Submission for OMB Review; Comment Request” (July 22, 2024)
Agricultural Marketing Service
89 FR 59819 Rule: “Raisins Produced from Grapes Grown in California; Temporary Relaxation of Substandard and Maturity Dockage Requirements” (July 24, 2024)
89 FR 58955 Rule: “Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Increased Assessment Rate” (July 22, 2024)
Farm Service Agency
89 FR 59038 Notice—Comment Period: “Information Collection Request; Direct Loan Servicing-Special” (July 22, 2024)
Food Safety Inspection Service
89 FR 59039 Notice—Comment Period: “Notice of Request to Renew an Approved Information Collection: Petitions for Rulemaking” (July 22, 2024)
National Resource Conservation Service
89 FR 59040 Notice—Comment Period: “Proposed Revisions to Section 1 of the Field Office Technical Guide for Several States” (July 22, 2024)
Rural Housing Service
89 FR 59823 Rule: “Single Family Housing Guaranteed Housing Payment Supplement Account Demonstration Program” (July 24, 2024)
89 FR 59041 Notice—Comment Period: “60-Day Notice of Proposed Information Collection: Rural Housing Service Finance Office Forms; OMB Control No.: 0575-0184″ (July 22, 2024)
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.9182 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a program under which the Secretary awards grants for purposes of providing training and any related assistance to dairy producers and dairy workers on implementation of risk mitigation strategies related to biosecurity threats, to amend the Agricultural Act of 2014 with respect to emergency assistance for certain losses due to highly pathogenic avian influenza, and for other purposes” Referred to the House Committee on Agriculture (July 26, 2024)
H.R.9165 “To direct the Secretary of the Interior to establish a grant program to allocate resources for remote search and rescue activities conducted on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (July 25, 2024)
H.R.9149 “To eliminate asset limits employed by certain federally funded means-tested public assistance programs, and for other purposes.” Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, Energy and Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (July 25, 2024)
H.R.3293 “Expediting Federal Broadband Deployment Reviews Act” Subcommittee Hearings Held (July 24, 2024)
H.R.2989 “Save Our Sequoias Act” Mr. Fong asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 2989, a bill originally introduced by Representative McCarthy, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection. (July 24, 2024)
H.Res.1385 “Designating the week of August 4 through August 10, 2024, as “National Farmers Market Week”” Referred to the House Committee on Agriculture (July 24, 2024)
H.R.9093 “To prioritize healthcare facilities and mental or behavioral health facilities in the Community Facilities program for fiscal years 2025 through 2031, and allow loans and grants under the program to be used for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities.” Referred to the House Committee on Agriculture (July 23, 2024)
H.R.8954 “To promote the development of renewable energy on public lands, and for other purposes.” Subcommittee Hearings Held (July 23, 2024)
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
S.4768 “A bill to require an evaluation of the Nutrition Services Incentive Program of the Department of Agriculture.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 24, 2024)
Agriculture-Related Legislative Hearings & Reports
No upcoming hearing or reports.
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
No new press releases.
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 30—July 27, 2024):
Delaware River Basin
54 Pa.B. 4329 Notice: “Public Hearing and Business Meeting”
Department of Conservation and Natural Resources
54 Pa.B. 4330 Notice: “Governor’s Advisory Council for Hunting, Fishing and Conservation Public Meeting”
Department of Environmental Protection
54 Pa.B. 4331 Notice: “Applications, Actions and Special Notices”
PENNSYLVANIA LEGISLATURE
No new Agriculture actions July 21-27, 2024.
Contributors:
Victoria Dutterer—Research Assistant
Samuel Sweeten—Research Assistant
Audry Thompson—Staff Attorney
