May 4, 2021
Agricultural Law Weekly Review – Week Ending April 30, 2021
COVID-19: White House Reviewing OSHA’s Long-Delayed Emergency Temporary Standard
On April 26, 2021, according to a U.S. Department of Labor (DOL) spokesperson, Occupational Safety and Health Administration (OSHA) submitted to the White House an Emergency Temporary Standard (ETS) for the prevention of workplace COVID-19 transmission. President Biden’s January 21, 2021 Executive Order on Protecting Worker Health and Safety directed OSHA to decide upon the necessity of an ETS and submit it to the White House by March 15, 2021, however that action was long-delayed without official explanation. An ETS on this topic would represent the first mandatory federal government workplace requirements specifically addressing COVID-19 transmission since the 2020 onset of the pandemic. The draft standard is presently under review by the Office of Management and Budget Office of Information and Regulatory Affairs for publication. OSHA emergency temporary standards are only authorized by law to be effective for six months. When issued this will be the first ETS issued since 1983. The legal authority for OSHA to dispense with the formal regulation promulgation process requires a showing that “workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards.” This predicate legal justification may make it difficult to overcome a legal challenge to the ETS because the workplace risk has existed for over one year without OSHA action and vaccination rates are increasing. On April 27, 2021, the Congressional Research Service published a report titled Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19.
Pesticides/Herbicides: Ninth Circuit Directs EPA to Ban Chlorpyrifos Use Entirely or Determine Food Residue Tolerance That Will Cause No Harm in Sixty Days
On April 29, 2021, the United States Circuit Court of Appeals for the Ninth Circuit issued a decision on multiple petitions for review of U.S. Environmental Protection Agency (EPA) actions over the last several years regarding chlorpyrifos. Firstly, the Court vacated 2017 and 2019 EPA orders denying a 2007 petition to prohibit any chlorpyrifos residue tolerance in food under the Federal, Food, Drug and Cosmetic Act (FFDCA) (effectively banning chlorpyrifos use). The Court remanded the matter and ordered EPA within 60 days to either modify chlorpyrifos tolerance to a level which EPA determines to be safe or prohibit any chlorpyrifos tolerance and ban its use. Lastly, the Court ordered EPA to similarly either modify or cancel Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) chlorpyrifos registrations for food use. The Ninth Circuit stated, “In short, the EPA has spent more than a decade assembling a record of chlorpyrifos’s ill effects and has repeatedly determined, based on that record, that it cannot conclude, to the statutorily required standard of reasonable certainty, that the present tolerances are causing no harm. Yet, rather than ban the pesticide or reduce the tolerances to levels that the EPA can find are reasonably certain to cause no harm, the EPA has sought to evade, through one delaying tactic after another, its plain statutory duties.” The Court later stated, “While the Dissent effectively views this as a “tight deadline,” it agrees that the “EPA dithered far too long.” The EPA has had nearly 14 years to publish a legally sufficient response to the 2007 Petition. During that time, the EPA’s egregious delay exposed a generation of American children to unsafe levels of chlorpyrifos. By remanding back to the EPA one last time, rather than compelling the immediate revocation of all chlorpyrifos tolerances, the Court is itself being more than tolerant. But the EPA’s time is now up.”
International Trade: Mexican Supreme Court Strikes Down 25-Year Restrictions on U.S. Potato Imports
On April 28, 2021, the Mexican Supreme Court unanimously overturned a 2017 Mexican lower court decision restricting the importation of U.S. potatoes. Since the publication Mexico’s phytosanitary rule (NOM-012-FITO-1996) in 1996, the country has restricted the importation of fresh U.S. potatoes to a 26 kilometer-area along the U.S.-Mexico border. That restriction was alleged to violate Mexico’s trade obligations under NAFTA, WTO, and U.S.-Mexico-Canada Agreement (USMCA). Since 2014, the National Confederation of Potato Growers of Mexico (CONPAPA) has been in litigation with the Mexican government to prevent broader importation. According to USDA Secretary Vilsack, “U.S. industry representatives estimate that implementation of full market access for U.S. potatoes could increase U.S. exports from approximately $50 million in 2020 to $150 million or more.” The National Potato Council summarizes the long history of the issue here.
USDA: Class Action Suit Filed Challenging Aid to Socially Disadvantaged Farmers/Ranchers
On April 26, 2021, Texas Agriculture Commissioner Sid Miller filed a Class Action Complaint against USDA, in his capacity as a private citizen and on behalf of all those similarly situated, in the United States District Court for the Northern District of Texas. The suit seeks to have declared unconstitutional, in violation of federal law, and enjoined from implementation, portions of the American Rescue Plan Act of 2021 and any other laws implemented by USDA that provide benefits, including loan forgiveness, exclusively to a “socially disadvantaged farmer and rancher” on the grounds that those provisions discriminate against persons on the basis of race and national origin who are not within that defined group. The suit was filed by a law firm called America First Legal, headed by former Trump administration officials Mark Meadows, Stephen Miller and Matthew Whitaker.
Food Policy: Suit Challenges Dietary Guidelines
On April 28, 2021, a group of medical doctors called Physicians Committee for Responsible Medicine, and others, filed a Complaint in the United States District Court for the Northern District of California against USDA and the U.S. Department of Health and Human Services, alleging that the 2020 Dietary Guidelines are not based upon current scientific and medical knowledge in recommending, and not disclosing “the ill effects of,” consumption of meat and dairy. The Complaint also alleges that USDA has a conflict of interest in serving as the administrative lead for the Dietary Guidelines process while also having a statutory duty to develop and expand markets and uses for all agricultural products, including dairy and meat. Physicians Committee for Responsible Medicine et al v. Vilsack et al, 21-cv-03088.
Dairy Pricing: Multiple Federal Milk Marketing Order Reform Proposals Announced; Producer Groups to File Emergency USDA Hearing Petitions
On April 23, 2021, the National Milk Producers Federation (NMPF) announced its intention to file a petition with USDA for an emergency hearing on a request to alter the method of calculating the final monthly Class 1 producer price (called the “Class I Mover”). NMPF’s petition would seek to keep the current calculation as the “floor” but allow modifications every two years based on market conditions over the prior 24 months that may be unexpectedly driving the Class I producer price below the Class III price as has occurred over the last nine months. On April 27, 2021, a coalition of producer groups from Wisconsin, Minnesota and Nebraska, and Edge Dairy Farmer Cooperative announced their intention to file an emergency petition to pursue their FMMO reform proposal, called Class III Plus. This proposal would eliminate Class I advanced pricing and USDA would calculate the Class I skim milk price by starting with the Class III skim milk price and adding a Class I skim milk price adjuster which would be established each September for the forthcoming calendar year. One or more petitions for an emergency hearing are expected to be filed in the near future.
USDA Transition: Research Headquarters To Remain in Kansas City
On April 26, 2021, at the North American Agricultural Journalists annual meeting, USDA Secretary Vilsack stated that the headquarters of USDA’s Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA) would remain in Kansas City, MO, after the previous administration’s move of those offices from Washington, D.C. in August 2018. Secretary Vilsack also stated, “I think you’ll see over time some of those positions that are currently not filled today will be filled in Kansas City, and some of those positions that aren’t filled today will be filled in the Washington, D.C., area.”
COVID-19: Solicitation Issued for the Emergency Food Assistance Program (TEFAP) Fresh Produce Box Procurement
On April 26, 2021, USDA’s Agricultural Marketing Service (AMS) issued the new solicitation for TEFAP Fresh Produce Procurement, which is intended to be a replacement for the discontinued Farmers to Families Food Box Program. The program uses the existing AMS Master Solicitation for Commodity Procurements for Domestic Food Distribution Programs Purchases. Bids are due by May 7, 2021, acceptances will be announced on May 18, 2021 and deliveries are to be made between June 1, 2021 through September 30, 2021. All solicitation documents and instructions are contained here and an instruction video from the USDA-AMS-Commodity Procurement Program Contracting Officer is available here. For background, see ALWR-week ending April 16, 2021, “Farmers to Families Food Box Program Ends; Fresh Produce Box Purchases and Dairy Donation Program Planned”
Conservation Programs: NRCS Funds Two Chesapeake Bay Regional Conservation Partnership Projects
On April 26, 2021, USDA’s Natural Resources Conservation Service (NRCS) announced it has entered into an aggregate total of eighty-five projects, investing $330 million, in NRCS Regional Conservation Partnership Program (RCPP) agreements nationwide. Substantially revised under the 2018 Farm Bill, the RCPP leverages funding by entering into project agreements with existing organizations and entities who contribute funding and in-kind “value-added” conservation services and expertise to projects whose benefits are regional in scope. NRCS estimates the eighty-five projects will generate at least $440 million in additional conservation project value from communities and other project partners. NRCS states a goal that partner contributions at least equal the NRCS investment in an RCPP project. NRCS’ RCPP Projects funded include two Chesapeake Bay Watershed projects.
- Lancaster’s Common Agenda for Clean Water: Lancaster Clean Water Partners brings together non-profits, local governments and businesses with a goal of delisting impaired waters to make Lancaster County’s streams clean by 2040 through an innovative incentive structure rewarding producers for installing riparian forest or grass buffers or for adopting regenerative farming practices. ($7,400,000)
- Turkey Hill Clean Water Partnership: The Alliance for the Chesapeake Bay in partnership with Turkey Hill Dairy and ten other partners, will rapidly deploy land management conservation measures, and implement water quality practices and systems, to support local and Chesapeake Bay water quality in order to meet supply-chain sustainability initiative goals of Turkey Hill Corporation. ($4,000,000)
Right to Farm: Florida Governor Signs Amended Right to Farm Law
On April 29, 2021, Florida Governor Ron DiSantis signed into law Senate Bill 88, amending Florida’s Right To Farm Act. For details of the bill, see ALWR-week ending April 23, 2021, “Florida Legislature Expands Right to Farm Law.”
State Farm Bills: West Virginia Legislature Passes the State’s First “Farm Bill”
On April 28, 2021, West Virginia Governor Jim Justice signed into law HB 2633, passed by the West Virginia House of Delegates on April 6, 2021, and referred to as a “West Virginia Farm Bill.” It is a recodification of West Virginia Code Chapter 19 with some revisions and additions. As announced by West Virginia Agriculture Commissioner Kent Leonhardt, among other things the bill creates a new Agriculture Investment Fund; extends the state’s Fresh Food Act to include dairy products; establishes West Virginia Department of Agriculture (WVDA) authority over farmers’ market regulations; allows for the sale of raw milk as a non-consumable product or animal feed; and removes the fee on untreated garbage feeding permits for swine. Commissioner Leonhardt stated “Just like the federal government and several other states, the Department has been working towards introducing a reoccurring farm bill. Our goal is to work towards updating chapter 19 code to modernize rules and regulations and reduce burdens on West Virginia farmers.”
Agricultural Statistics: Economic Impact Report on Pennsylvania Agriculture Updated
On April 28, 2021, Pennsylvania Agriculture Secretary Redding announced the release of a report titled, “The Economic Impact of Agriculture in Pennsylvania: 2021 Update,” which updates the May 2018 report titled “Pennsylvania Agriculture: A look at the Economic Impact and Future Trends.” Both reports were produced by Econsult Solutions, Inc. and commissioned by Team Pennsylvania. The first report incorporated data from the 2012 Agricultural Census and the update was able to incorporate the 2017 Agricultural Census results. Total direct economic output of all agricultural sectors totals $81.5 billion. This represents a 2.7 percent decrease in total output from the estimate given in the 2018 report of $83.8 billion. This decrease is largely driven by a $2.8 billion decrease in food manufacturing, which is substantial but caused by changes in the operations of individual large companies in Pennsylvania.
Center for Agricultural and Shale Law Programs & Resources
Podcast: Penn State Agricultural Law Podcast, listen to our latest weekly episode here.
Webinar:
Utility-Scale Solar Development – For Lawyers, Landowners & Others
An Online Legal Educational Symposium
Tuesday, June 15, 2021 12:00pm – 3:30pm
Thursday, June 17, 2021 12:00pm – 3:30pm
This symposium is geared for both beginning and intermediate levels of knowledge about photovoltaic electrical generation for the grid and is designed in a progressive manner, each session building upon the knowledge gained in the last. Upon completion, an attorney, landowner, government professional, educator or other interested attendee will have a well-rounded understanding of the legal facets of the proliferation of utility-scale solar development project proposals in Pennsylvania, across the region, and throughout much of the United States.
$179 – Registration Fee (6 hours of substantive Pennsylvania CLE Credits)
$99 – Registration Fee (without CLE credits)
CLICK HERE for details, agenda and registration
Penn State News, Research & Resources:
Little Crop of Horrors: With Genes from Carnivorous Plants, Researchers Aim to Grow Hardier Crop Plants (April 21, 2021).
Lightning and Subvisible Discharges Produce Molecules that Clean the Atmosphere (April 29, 2021).
Webinars:
Hemp Webinar Series: CBD Research Update, Penn State Extension, May 17, 2021, noon EDT
Leasing for Solar Development, Penn State Extension, May 19, 2021, noon EDT
Other Agricultural Law/Policy Resources of Interest:
AFBF Market Intel, Sustainability Markets, Part 5: Good Business Practices for Farmers Participating in Agriculture Ecosystem Credit Markets (April 27, 2021)
Tiffany Lashmet, Case Addresses Requirements for Valid Codicil to Will (April 26, 2021).
Sarah Everhart, Upcoming Changes in Maryland’s Agricultural Cost Share Program (Apr. 27, 2021).
Rusty Rumley, An Overview: Proposed Florida Right to Farm Laws (Apr. 27, 2021).
Brigit Rollins, Supreme Court Rules in State Water Dispute (April 29, 2021).
Roger A. McEowen, Court Developments of Interest (Apr. 30, 2021).
Dairy Defined Podcast, U.S. Dairy Exports A Sustainable Success, USDEC’s Harden Says (April 26, 2021)
The Farm CPA Podcast, How the American Families Plan Might Impact Your Operation (April 28, 2021)
National Milk/Peter Vitaliano Podcast, NMPF’s Pricing Proposal First Phase of Adjustments (April 28, 2021)
Pennsylvania Farm Bureau’s Farm Focus Podcast, Solar Energy and Leasing Agreements (April 23, 2021)
Farm Journal, Access 3 Webinars Focused on the Carbon Markets (April 26, 2021)
Weekly Featured Graphic:
Bloomberg Law, ANALYSIS: OSHA Emergency Covid Rule Imminent, but Vulnerable (April 29, 2021)
OSHA has delivered to the White House an Emergency Temporary Standard (ETS) on the Prevention of COVID-19 Transmission in the workplace, however, historically few ETS have survived legal challenge in the federal courts.
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Wolf Administration Launches Public-Private Partnership To Vaccinate Mushroom Farmworkers (Apr. 29, 2021).
Secretary Of Agriculture Announces $400,000 In Grant Awards To Increase Early Childhood Nutrition, Agricultural Awareness (Apr. 30, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
USDA to Provide Critical Nutrition Assistance to 30M+ Kids Over the Summer (Apr. 26, 2021).
Pandemic EBT – Summer 2021 | Hear What They’re Saying (Apr. 26, 2021).
USDA to Incentivize Purchase of Fruits and Vegetables under WIC for 4 Months with American Rescue Plan Funding (Apr. 28, 2021).
USDA Hosts First-Ever Virtual Fair on Food Waste Reduction Innovations and Leaders (Apr. 28, 2021).
FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Apr. 28, 2021).
Statement from Agriculture Secretary Tom Vilsack on Mexico Supreme Court Ruling in Favor of U.S. Potato Growers (Apr. 28, 2021).
The American Families Plan Honors America’s Family Farms (Apr. 28, 2021).
USDA, RESTORE Council to Invest $31 Million for Priority Restoration Work in Gulf States Impacted by the Deepwater Horizon Oil Spill (Apr. 29, 2021).
USDA: 100 Days Update (Apr. 29, 2021).
USDA Agency Press Releases:
USDA Meat and Fish Purchase Program Announced, Agricultural Marketing Service (Apr. 29, 2021).
AMS Grain Inspection Advisory Committee Announces Spring Meeting, Agricultural Marketing Service (Apr. 29, 2021).
USDA Seeks Nominees for the American Egg Board, Agricultural Marketing Service (Apr. 30, 2021).
USDA Agency and Company Partner to Explore Personal Care Products from Hemp, Agricultural Research Service (Apr. 27, 2021).
USDA Seeks Public Input on Notice of Intent to Prepare an Environmental Impact Statement for Deregulation of Maize Developed Using Genetic Engineering, Animal and Plant Health Inspection Service (Apr. 27, 2021).
USDA Takes Action Against California Retailers for Rules Violations, Food and Nutrition Service (Apr. 26, 2021).
USDA Enhances Administrative Funds to States to Improve SNAP, Food and Nutrition Service
Private Exporters Report Sales Activity for Unknown Destinations [Oilseeds, Soybeans], Foreign Agricultural Service (Apr. 26, 2021).
Private Exporters Report Sales Activity for Unknown Destinations [Grain and Feed, Corn], Foreign Agricultural Service (Apr. 27, 2021).
Statement from Secretary Vilsack on Mexico Ruling in Favor of U.S. Potato Growers, Foreign Agricultural Service (Apr. 28, 2021).
USDA Accepting Applications for FY 2022 Export Programs, Foreign Agricultural Service (Apr. 30, 2021).
USDA, RESTORE Council to Invest $31 Million for Priority Restoration Work in Gulf States Impacted by the Deepwater Horizon Oil Spill, Forest Service (Apr. 29, 2021).
NASS to Publish Market Year Average Price for Selected Crops Earlier, National Agricultural Statistics Service (Apr. 30, 2021).
NIFA Invests Over $8.65M for Plant Breeding, National Institute of Food and Agriculture (Apr. 26, 2021).
USDA Awards 85 New Partnership Projects to Help Mitigate Climate Change and Protect Natural Resources while Supporting America’s Producers, Natural Resources Conservation Service (Apr. 26, 2021).
USDA, RESTORE Council to Invest $31 Million for Priority Restoration Work in Gulf States Impacted by the Deepwater Horizon Oil Spill, Natural Resources Conservation Service (Apr. 29, 2021).
USDA Improves Livestock Crop Insurance Policies with New Options, Risk Management Agency (Apr. 28, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 18—May 1, 2021):
Delaware River Basin Commission
51 Pa.B. 2383 Notice: “Virtual Public Hearing and Virtual Business Meeting [May 12, 2021].”
Department of Environmental Protection
51 Pa.B. 2385 Notice: “The Pennsylvania Clean Streams Law And The Federal Clean Water Act: Applications For National Pollutant Discharge Elimination System (NPDES) Permits And Water Quality Management (WQM) Permits Under The Clean Streams Law And Federal Clean Water Act.”
Independent Regulatory Review Commission
51 Pa.B. 2468 Notice: Actions Taken by the Commission [Milk Marketing Board].”
Pennsylvania Legislature
HB 110 “An Act amending . . . as the Hardwoods Development Council Act, further providing for Hardwoods Development Council.” Third consideration and final passage 47-0 [Senate] (Apr. 27, 2021).
SB 434 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for milk sell by date and best by date labeling.” Referred to Agriculture and Rural Affairs [House] (Apr. 29, 2021).
SB 28 “An Act providing for the administration of permits by State agencies, for a tracking system for permit applications, for the establishment of permit programs, for third-party review of permit decision delays and for annual reports.” Re-referred to Appropriations [Senate] (Apr. 28, 2021).
HB 1290 “An Act amending . . . ‘An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts,’ further providing for definitions, for applicability and for liability.” Referred to Tourism and Recreational Development [House] (Apr. 27, 2021).
HB 1301 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, establishing the Pennsylvania Socially Diverse Farmers Commission and providing for its powers and duties.” Referred to Agriculture and Rural Affairs [House] (Apr. 29, 2021).
HB 1307 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for vehicles exempt from registration [Multipurpose Agricultural Vehicles].” Referred to Transportation [House] (Apr. 30, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register Apr. 12–16, 2021):
Agriculture Department
86 FR 22010 Notice, comments accepted: “Submission for OMB Review; Comment Request [Rural Business-Cooperative Service: Guidelines for Designating Biobased Products for Federal Procurement]” (Apr. 26, 2021).
86 FR 22130 Notice, comments accepted: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Milk and Milk Products]” (Apr. 27, 2021).
86 FR 22131 Notice, comments accepted: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Supplemental Nutrition Assistance Program Case and Procedural Case Action Review Schedule (FNS-245) Negative Case Action Review Schedule]” (Apr. 27, 2021).
86 FR 22384 Notice, comments accepted: “Submission for OMB Review; Comment Request [Forest Service: Federal Excess Personal and Firefighter Property Program Administration]” (Apr. 28, 2021).
86 FR 22625 Notice, comments accepted: “Submission for OMB Review; Comment Request [Animal Plant and Health Inspection Service: SARS-CoV-2 Testing in Animals Reporting Activities]” (Apr. 29, 2021).
Agricultural Research Service
86 FR 22010 Notice—Comment Period: “U.S. National Arboretum Notice of Intent To Renew Information Collection” (Apr. 26, 2021).
86 FR 22625 Notice—Comment Period: “Notice of Intent To Seek Approval To Collect Information [Animal Welfare Act Workshop Registration]” (Apr. 29, 2021).
Animal and Plant Health Inspection Service
86 FR 22012 Notice: “J.R. Simplot Co.: Determination of Nonregulated Status for Z6 Potatoes With Late Blight Protection, Low Acrylamide Potential, Lowered Reducing Sugars, and Reduced Black Spot” (Apr. 26, 2021).
86 FR 22384 Notice—Comment Period: “Bayer; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status for Maize Developed Using Genetic Engineering for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Resistance, With Tissue-Specific Glyphosate Resistance Facilitating the Production of Hybrid Maize Seed” (Apr. 28, 2021).
Environmental Protection Agency
86 FR 22202 Notice—Comment Period: “Pesticide Registration Review; Pesticide Dockets Opened for Review and Comment; Notice of Availability” (Apr. 27, 2021).
86 FR 22419 Notice: “Pesticide Registration Review; Interim Decisions and Case Closures for Several Pesticides; Notice of Availability” (Apr. 28, 2021).
86 FR 22617 Final Rule: “Notification of Funding for Credit Assistance Under the State Infrastructure Finance Authority Water Infrastructure Finance and Innovation Act (SWIFIA) Program” (Apr. 29, 2021).
86 FR 22612 Final Rule: “Notification of Funding for Credit Assistance Under the Water Infrastructure Finance and Innovation Act (WIFIA) Program” (Apr. 29, 2021).
Federal Crop Insurance Corporation
86 FR 22581 Final Rule, comments accepted: “Common Crop Insurance Regulations; Forage Seeding Crop Insurance Provisions” (Apr. 29, 2021).
86 FR 22839 Final Rule, comments accepted: “Northern Potato Crop Insurance-Quality Endorsement; Northern Potato Crop Insurance-Processing Quality Endorsement; Potato Crop Insurance-Certified Seed Endorsement; and Northern Potato Crop Insurance-Storage Coverage Endorsement” (Apr. 30, 2021).
Federal Emergency Management Agency
86 FR 22243 Notice: “Changes in Flood Hazard Determinations [Ala., Colo., Fla., Ga., La., Md., Mont., N.C., Okla., S.C., Tex., Va.]” (Apr. 27, 2021).
86 FR 22237 Notice: “Final Flood Hazard Determinations [Fla., Ill., Iowa, Kan., Mich.]” (Apr. 27, 2021).
86 FR 22218 Notice: “Changes in Flood Hazard Determinations [Colo., Fla., Mass., Pa., R.I., S.C., Tex.]” (Apr. 27, 2021).
86 FR 22221 Notice: “Changes in Flood Hazard Determinations [Alaska, Ariz., Cal., Idaho, Ill., Kan., Minn., Neb., N.J., N.Y., Or., Tex., Wis.]” (Apr. 27, 2021).
86 FR 22224 Notice: “Changes in Flood Hazard Determinations [Colo., Fla., Ga., Mass., N.M., Pa., Tex., Va.]” (Apr. 27, 2021).
86 FR 22230 Notice: “Changes in Flood Hazard Determinations [Ariz., Cal., Fla., Haw., Idaho, Ill., Ind., Iowa, Kan., Mich., Minn., Mo., Neb., Nev., N.J., N.Y., Ohio, Or., Tex., Utah, Wis.]” (Apr. 27, 2021).
86 FR 22240 Notice: “Changes in Flood Hazard Determinations [Colo., Fla., Md., Mont., N.C., Pa., S.C., Tex.]”
86 FR 22236 Notice—Comment Period: “Proposed Flood Hazard Determinations [Iowa, Minn., Wis.]” (Apr. 27, 2021).
86 FR 22226 Notice—Comment Period: “Proposed Flood Hazard Determinations [Kan., Ohio]” (Apr. 27, 2021).
86 FR 22228 Notice—Comment Period: “Proposed Flood Hazard Determinations [Colo., Pa.]” (Apr. 27, 2021).
86 FR 22239 Notice—Comment Period: “Proposed Flood Hazard Determinations [La., S.D.]” (Apr. 27, 2021).
86 FR 22357 Final Rule: “Suspension of Community Eligibility” (Apr. 28, 2021).
Fish and Wildlife Service
86 FR 22876 Final Rule: “Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl; Delay of Effective Date” (Apr. 30, 2021).
Food and Nutrition Service
86 FR 22132 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program Education (SNAP-Ed) Toolkit Intervention Submission Form and Scoring Tool” (Apr. 27, 2021).
Rural Business-Cooperative Service
86 FR 22304 Final Rule, comments accepted: “Rural Energy for America Program” (Apr. 27, 2021).
Small Business Administration
86 FR 22294 Notice: “Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Tennessee [Severe Winter Storms]” (Apr. 27, 2021).
86 FR 22757 Notice: “Presidential Declaration of a Major Disaster for Public Assistance Only for the Commonwealth of Kentucky [Severe Storms, Flooding, Landslides, and Mudslides]” (Apr. 29, 2021).
86 FR 22757 Notice: “Presidential Declaration of a Major Disaster for the Commonwealth of Kentucky [Severe Storms, Flooding, Landslides, and Mudslides]” (Apr. 29, 2021).
U.S. House Agriculture Committee
H.R.2837 “To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to repeal a certain disqualification to receive benefits under title IV of the Social Security Act and benefits under the Food and Nutrition Act of 2008; and to amend the Food and Nutrition Act of 2008 to provide that incarcerated individuals who are scheduled to be released from an institution within 30 days shall be considered to be a household for purposes of such Act.” Referred to the Committees on Agricultura and Ways and Means (Apr. 26, 2021).
H.R.2840 “To amend the Animal Welfare Act to provide for the humane treatment of dogs, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 26, 2021).
H.Res.304 “Recognizing the designation of the week of April 11 through April 17, 2021, as “Black Maternal Health Week” to bring national attention to the maternal health crisis in the United States and the importance of reducing maternal mortality and morbidity among Black women and birthing persons.” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Apr. 28, 2021).
H.R.1225 “National Security Diversity and Inclusion Workforce Act of 2021” Referred to the Subcommittee on Immigration and Citizenship (Apr. 28, 2021).
H.R.1393 “Justice for Black Farmers Act of 2021” Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties (Apr. 28, 2021).
H.R.1503 “Restoring Community Input and Public Protections in Oil and Gas Leasing Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Apr. 28, 2021).
H.R.1506 “Transparency in Energy Production Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Apr. 28, 2021).
H.R.1525 “DIGITAL Applications Act” Referred to the Subcommittee on Conservation and Forestry (Apr. 28, 2021).
H.R.1542 “Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Apr. 28, 2021).
H.R.1579 “Ban Conflicted Trading Act” Referred to the Subcommittee on General Farm Commodities and Risk Management (Apr. 28, 2021).
H.R.1783 “Accessible, Affordable Internet for All Act” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Apr. 28, 2021).
H.R.2918 “To require the Secretary of Agriculture to initiate and complete notice and comment rulemaking to implement recommendations approved by the National Organic Standards Board, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 30, 2021).
H.R.2919 “To establish a Federal agenda to transform, heal, and renew the United States by investing in a vibrant economy, to provide funds to certain Federal investment programs that meet related labor, equity, and environmental standards, and for other purposes.” Referred to the Committees on Education and Labor, Financial Services, Energy and Commerce, Natural Resources, Transportation and Infrastructure, and Agriculture (Apr. 30, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
S.1371 “A bill to prioritize funding for an expanded and sustained national investment in agriculture research.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 26, 2021).
S.1378 “A bill to amend the Animal Welfare Act to allow for the retirement of certain animals used in Federal research, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 27, 2021).
S.1385 “A bill to amend the Animal Welfare Act to establish additional requirements for dealers, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 27, 2021).
S.1401 “A bill to amend the Richard B. Russell National School Lunch Act to improve nutritional and other program requirements relating to purchases of locally produced food.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 28, 2021).
S.1421 “A bill to amend the Richard B. Russell National School Lunch Act to establish the Food and Nutrition Education in Schools Pilot Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 28, 2021).
S.1458 “A bill to amend the Federal Crop Insurance Act to encourage the planting of cover crops following prevented planting, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 29, 2021).
S.1488 “A bill to amend title 37, United States Code, to establish a basic needs allowance for low-income regular members of the Armed Forces.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 29, 2021).
S.1518 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the United States-Israel Binational Agricultural Research and Development Fund.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 29, 2021).
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks Apr. 26–30, 2021
Dairy Pride Act Re-Introduced in U.S. Senate, Brownfield
State Ag Officials Pleased with Growing Climate Solutions Act, Brownfield
Vilsack Shoots Down Speculation 30×30 Plan is a Land Grab
U.S. Supreme Court Divided in Biofuel Waivers Dispute, Reuters
New York City Sues Exxon, BP, Shell in State Court Over Climate Change, Reuters
USDA Enhances CRP for Climate Mitigation, Farm Progress
Scott Says Black Farmer Legislation Will Include Tax Incentives, Agri-Pulse
US Farmers Finally See Better Outlook After 2 Odd Years, Morning Ag Clips
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Written by:
Audry Thompson—Research Assistant
Brook Duer—Staff Attorney
