April 15, 2025

Agricultural Law Weekly Review—April 15, 2025

Today! Apr. 15 at Noon: Quarterly Dairy Legal Webinar—Bovine Disease Controls 

Pesticides/Herbicides: Monsanto Files Petition for Certiorari Seeking FIFRA Preemption in Glyphosate Cases 🌾
On April 4, 2025, Monsanto filed a petition for writ of certiorari in the Supreme Court of the United States, asking the court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state-law failure-to-warn claim. Monsanto Company v. John L. Durnell, No. 24-1068. The petition appeals a decision from the Missouri Court of Appeals upholding a $1.25 million jury verdict awarded to a plaintiff claiming that Monsanto’s glyphosate-based Roundup herbicide caused his non-Hodgkin’s lymphoma. The petition also follows an opinion from the U.S. Court of Appeals for the Third Circuit that split from other circuit courts and held that FIFRA does preempt a state-law failure-to-warn claim. A response to the petition is due May 9, 2025. For background, see ALWR—Apr. 1, 2025, “Missouri Appellate Court Upholds Jury Verdict for Roundup Plaintiff” and ALWR—Sept. 10, 2024, “Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement.” See also CASL’s Glyphosate Issue Tracker.

Pesticides/Herbicides: Federal Court Orders Completion of Five Pesticide Biological Opinions
On March 12, 2025, the U.S. District Court for the District of Arizona issued an order requiring the U.S. Fish and Wildlife Service (FWS) to complete biological opinions, as required by the Endangered Species Act (ESA), for five pesticides—carbaryl, atrazine, simazine, diazinon, and chlorpyrifos—initiated for registration review between 2008–2013 by the U.S. Environmental Protection Agency (EPA). Center for Biological Diversity v. U.S. Fish and Wildlife Service, No. 4:22-cv-00090. The ESA “requires consultations to conclude within 90 days of initiation,” although the law allows for certain exceptions and extensions. The court stated, “Even though the ESA does not mandate consultation always be completed in 90 days, the timetable provides an ‘indication of the speed with which it expects the agency to proceed,’” which the court noted “is months, not years” and held that the “lengthy delays” are not excused in this case. The court further stated, “There seem to be few competing priorities that would justify letting nationwide consultations that, based on the only data available could impact most protected species and habitats, languish for around eight years.” The court ordered FWS to complete biological opinions by March 31, 2025 for carbaryl, for which FWS had already completed a draft biological opinion (EPA-HQ-OPP-2024-0579); March 31, 2026 for atrazine and simazine; and September 30, 2028 for diazinon and chlorpyrifos. On April 9, 2025, EPA announced that the agency had approved labels for carbaryl incorporating FWS’s final carbaryl biological opinion.  

National Agricultural Policy: Tenth Circuit Finds Landowners Cannot Prohibit ‘Corner-Crossing’ Under Federal Law
On March 18, 2025, the U.S. Court of Appeals for the Tenth Circuit issued an opinion upholding the district court and finding that “checkerboard landowners cannot maintain a barrier that has the effect of fully enclosing public lands and preventing complete access for a lawful purpose.” Iron Bar Holdings v. Cape, No. 23-08043 (D. Wyo. No. 2:22-cv-00067). At issue was “whether a private landowner can prevent a person from . . . ‘corner-crossing,’” or “stepping across adjoining corners of federal public land.” While the “Supreme Court [has] held that private landowners cannot erect barriers which bar complete access to public lands based on the 1885 Unlawful Inclosures Act [UIA],” the appellant landowners argued that “the term ‘inclosure’ is limited to fenced-in tracts of land.” However, the court reasoned that “[i]f ‘fencing’ was coextensive with ‘inclosing’ the statute would not include both ‘fencing or inclosing’ and found that “the statute applies to ‘all inclosures of any public land,’ not just those done through fencing.” The court further noted that “the fence is made for beasts; the law is made for man,” stating, “a legal obstacle . . . presents an impassable barrier,” and determined that “a purely legal barrier erected by ‘no trespassing’ signs—like a virtual wall—could be considered an inclosure under the UIA.” The court then confirmed that “the district court was correct to hold that the [appellee] Hunters could corner-cross as long as they did not physically touch Iron Bar’s land.”

 

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Quarterly Dairy Legal Webinar Series. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:

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National Agricultural Law Center Partner Webinars. Usually held on the third Wednesday of the month, these webinars are freely available to the public and typically appropriate for both attorneys and non-attorneys.

2025 Agricultural Law Symposium—Save the Date! In-person at Penn State Dickinson Law, Lewis Katz Building, University Park, Pa. This day-long symposium will offer 6 CLE credits to Pennsylvania-licensed attorneys. More information & registration coming soon at link above!

  • September 18, 2025

Podcasts:

Farmland Legal Energy Podcast

The Inflation Reduction Act and Agriculture

An Introduction to Foreign Ownership of Agricultural Land

Resources of Interest:

Iowa St. Univ. Ctr. Agric. Law & Tax’n, IRS Provides Helpful Instructions for Wage Expenses and ERC,  Kristine A. Tidgren (Apr. 8, 2025)

Nat’l Agric. Law Ctr., Congress Seeks to Strengthen Oversight: Proposed Amendments to AFIDA (Apr. 10, 2025)

Nat’l Agric. Law Ctr., Food Law in the States—2025 Update, Emily Stone (Apr. 8, 2025)

Southern Ag Today, A Steak by Any Other Name: How States Are Shaping the Future of Cultivated Meat, Elizabeth Rumley, Nat’l Agric. Law Ctr. (Apr. 11, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Handful of Ag-Related Bills Moving in the Ohio Legislature, Peggy Kirk Hall (Apr. 9, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Pennsylvania Invests Nearly $12 Million to Ensure That 29 Farms, 3,187 Prime Farmland Acres in 17 Counties Stay Farms Forever (Apr. 10, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 15—Apr. 12, 2025): 

Department of Environmental Protection

55 Pa.B. 2737 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”

PENNSYLVANIA LEGISLATURE

HB 764 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for the Fresh Food Financing Initiative; establishing the Fresh Food Financing Initiative Restricted Account; and imposing duties on the Department of Agriculture.” Referred to Agriculture & Rural Affairs (Apr. 11, 2025)

SB 607 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in weights and measures, providing for fuel and diesel fuel tax transparency.” Referred to Agriculture & Rural Affairs (Apr. 11, 2025)

HB 1157 “An Act amending the Unemployment Compensation Law, in preliminary provisions, further providing for definitions.” Referred to Agriculture & Rural Affairs (Apr. 7, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Animal and Plant Health Inspection Service

USDA Awards $15.3 Million to Protect Animal Health (Apr. 9, 2025)

Economic Research Service

Demand for Alternative Feed Grains for Broiler Production in an Era of Global Price Uncertainty: The Case of Sorghum (Apr. 8, 2025)

Farm Service Agency

USDA Offers Disaster Assistance to Agricultural Producers in Illinois Impacted by Recent Severe Weather, Tornadoes and Flooding (Apr. 11, 2025)

FEMA Designates 7 Kentucky Counties as a Natural Disaster Area Due to Severe Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 14 through March 7, 2025 – Adams and Scioto Counties in Ohio is Eligible as Contiguous (Apr. 10, 2025)

USDA Designates Eighteen Maryland Counties as Primary Natural Disaster Areas for Drought; Additional Contiguous Disaster Counties also located in Maryland, Delaware, District of Columbia, Pennsylvania, Virginia, and West Virginia (Apr. 10, 2025)

USDA Offers Disaster Assistance to Agricultural Producers in Kentucky Impacted by Recent Severe Weather and Tornadoes (Apr. 10, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Natural Disasters (Apr. 9, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Wildfire (Apr. 9, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Natural Disasters (Apr. 9, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Natural Disasters (Apr. 8, 2025)

USDA Designates Carroll County Maryland as Natural Disaster Area – 2 Contiguous Pennsylvania Counties Also Eligible for Assistance (Apr. 8, 2025)

Agricultural Producers Have Until April 15 to Enroll in USDA’s Key Commodity Safety Net Programs for the 2025 Crop Year  (Apr. 8, 2025)

Food and Nutrition Service

USDA Officials Meet with Tribal Leaders in Continued Commitment to FDPIR (Apr. 7, 2025)

National Agricultural Statistics Service

USDA to Host Data Users’ Meeting on Statistical Programs (Apr. 8, 2025)

National Institute of Food and Agriculture

NIFA-Funded Researchers Aim to Boost Herb Production in Controlled Environments (Apr. 7, 2025)

Natural Resources Conservation Service

USDA Offers Disaster Assistance to Agricultural Producers in Texas Impacted by Recent Severe Weather, Tornadoes and Flooding (Apr. 10, 2025)

NRCS Texas and the El Paso-Hudspeth SWCD team-up to provide conservation solutions (Apr. 10, 2025)

NRCS Wisconsin Announces RCPP Signup for 2025 Funding (Apr. 10, 2025)

USDA Offers Disaster Assistance to Agricultural Producers in Kentucky Impacted by Recent Severe Weather and Tornadoes (Apr. 9, 2025)

Colorado Snowpack Approaches Seasonal Peak (Apr. 8, 2025)

Louisiana NRCS Announces Sign-Up for CSP Renewal (Apr. 8, 2025)

USDA Providing Funds to Protect and Restore Playa Wetlands across Nebraska (Apr. 7, 2025)

New Jersey NRCS Announces Application Signup Cut-Off Date for Fiscal Year 2025 Agricultural Conservation Easement Program – Agricultural Land Easement (Apr. 7, 2025)

From Hills of Rye to Sea of Green (Apr. 7, 2025)

Snowpack Remains Mostly Near Normal Following a Mix of March Weather Conditions (Apr. 7, 2025)

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA announces new website for Kentucky, Mississippi and Tennessee flood response efforts (Apr. 11, 2025)

Administrator Zeldin Releases Statement on POTUS’ New Energy-Related EO Signed Today (Apr. 8, 2025)

EPA Will Expeditiously Review New Science on Fluoride in Drinking Water (Apr. 7, 2025)

EPA’s Research Vessel Lake Guardian Begins Annual Sampling of Great Lakes (Apr. 7, 2025)

EPA Issues Final Permits for Geologic Sequestration of Carbon Dioxide in Texas (Apr. 7, 2025)

Administrator Zeldin Moves Forward with Ensuring U.S. States Are Not Punished for Foreign Air (Apr. 7, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register—Apr. 6–12, 2025):

Animal and Plant Health Inspection Service

90 FR 15429 Notice—Comment Period: “Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Leaves and Stems of Glasswort From Israel Into the United States” (Apr. 11, 2025)

Food Safety and Inspection Service

90 FR 15433 Notice: “Delayed Verification Sampling of Not Ready-to-Eat Breaded Stuffed Chicken Products” (Apr. 11, 2025)

Forest Service

90 FR 15219 Notice: “Directive Publication Notice” (Apr. 9, 2025)

Environmental Protection Agency

90 FR 14954 Proposed Rule—Comment Period: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities-January 2025” (Apr. 7, 2025)

90 FR 14907 Final Rule: “Tiafenacil; Pesticide Tolerances” (Apr. 7, 2025)

90 FR 14911 Final Rule: “Choline Chloride in Pesticide Formulations; Exemption From the Requirement of a Tolerance” (Apr. 7, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.2883 “To authorize the Secretary of Agriculture to carry out activities to reduce food loss and waste, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Oversight and Government Reform. (Apr. 10, 2025)

H.R.2868 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to add highly pathogenic avian influenza as a high priority research and extension area.” Referred to the House Committee on Agriculture. (Apr. 10, 2025)

H.R.2858 “To require the Secretary of Agriculture to carry out research and development with respect to winter canola, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 10, 2025)

H.R.2839 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to reauthorize the Genome to Phenome Initiative, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 10, 2025)

H.R.2812 “To make grants to the Girl Scouts of the United States of America, the Boy Scouts of America, the National 4H Council, and the National FFA Organization to establish pilot projects to expand the programs carried out by the organizations in rural areas and small towns, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 10, 2025)

H.R.2811 “To amend the Food and Nutrition Act of 2008 to allow for blended workforces to carry out the supplemental nutrition assistance program under certain conditions, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 10, 2025)

H.R.2780 “To temporarily expand the supplemental nutrition assistance program income eligibility of households that include certain veterans.” Referred to the House Committee on Agriculture. (Apr. 9, 2025)

H.R.2771 “To amend the Cooperative Forestry Assistance Act of 1978 to authorize States to approve certain organizations to acquire, hold, and manage conservation easements under the Forest Legacy Program, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 9, 2025)

H.R.2758 “To amend the Food Security Act of 1985 to modify the conservation reserve enhancement program.” Referred to the House Committee on Agriculture. (Apr. 9, 2025)

H.R.2756 “To authorize the National Biotechnology Initiative, and for other purposes.” Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Agriculture, Energy and Commerce, and Education and Workforce. (Apr. 9, 2025)

H.R.1681 “Expediting Federal Broadband Deployment Reviews Act” Ordered to be Reported by Unanimous Consent. (Apr. 9, 2025)

H.R.1665 “DIGITAL Applications Act” Ordered to be Reported by Unanimous Consent. (Apr. 9, 2025)

H.R.2740 “To modify the boundaries of the Talladega National Forest, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 8, 2025)

H.R.2709 “To improve the health and resiliency of giant sequoias, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Apr. 8, 2025)

U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:  

S.1496 “A bill to amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow the interstate sale of State-inspected meat and poultry, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1495 “A bill to require reforms to programs of the Natural Resources Conservation Service, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1494 “A bill to amend the Federal Agriculture Improvement and Reform Act of 1996 to make additional coverage under the Noninsured Crop Disaster Assistance Program available for crops and grasses used for grazing, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1493 “A bill to require the Secretary of Agriculture to provide regular updates to Livestock Indemnity Program payment rates to reflect market prices, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1469 “A bill to amend the Child Nutrition Act of 1966 to include food allergy information in existing training modules for local food service personnel.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1462 “A bill to improve forest management activities on National Forest System land, public land under the jurisdiction of the Bureau of Land Management, and Tribal land to return resilience to overgrown, fire-prone forested land, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1454 “A bill to amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1447 “A bill to amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1431 “A bill to amend the Richard B. Russell National School Lunch Act to improve program requirements and direct certification, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1420 “A bill to amend the Richard B. Russell National School Lunch Act to increase the amount of reimbursements under the child and adult care food program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 10, 2025)

S.1398 “A bill to require the Secretary of Agriculture to submit to Congress a report on residue testing for all imported organic feedstuffs shipped in bulk, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 9, 2025)

S.1395 “A bill to authorize the Secretary of Agriculture to carry out activities to reduce food loss and waste, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 9, 2025)

S.1389 “A bill to amend the Food Security Act of 1985 to modify the conservation reserve enhancement program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 9, 2025)

S.1385 “A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 and the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Agricultural Research Service to expand organic research, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 9, 2025)

S.1376 “A bill to amend the National Trails System Act to direct the Secretary of Agriculture to conduct a study on the feasibility of designating the Benton MacKaye Trail as a national scenic trail.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 9, 2025)

S.1366 “A bill to protect, for current and future generations, the Boundary Waters Canoe Area Wilderness and interconnected Federal land and waters, including Voyageurs National Park, within the Rainy River Watershed in the State of Minnesota, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 9, 2025)

S.1350 “A bill to modify the boundaries of the Talladega National Forest, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 8, 2025)

S.1336 “A bill to require the Secretary of Agriculture to establish a grant program to address forestry workforce development needs, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 8, 2025)

S.1326 “A bill to prevent States and local jurisdictions from interfering with the production and distribution of agricultural products in interstate commerce, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 8, 2025)

S.1312 “A bill to establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 7, 2025)

 

Contributors:
Audry Thompson—Staff Attorney
Riley Amdor—Research Assistant
Victoria Dutterer—Research Assistant