July 2, 2025

Agricultural Law Weekly Review—July 1, 2025

This month—July 15: July 2025 Quarterly Dairy Legal Webinar

New! Why Aren’t PFAS Compounds in Land-Applied Biosolids Prohibited By EPA?, Center Staff Attorney Brook Duer, Southern Ag Today

Agricultural Labor: DOL Suspends Enforcement of 2024 ‘Temporary Ag Worker Protections’ Rule 🌾
On June 20, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) published a guidance document suspending enforcement of the agency’s 2024 final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” which “addressed matters such as rights to engage in concerted activity; worker guest access to employer-provided housing; termination standards and progressive discipline; seat belt requirements; wage disclosure and payment obligations; and employer disclosure and certification obligations.” Also announced by DOL, the agency states, “In light of multiple federal court injunctions and ongoing regulatory reconsideration, WHD will suspend enforcement of the 2024 Final Rule as of the effective date of this Bulletin.” See also ALWR—Dec. 10, 2024, “Two Federal Courts Block ‘Temporary Ag Workers’ Rule, Nationwide Stay Issued.”

Biofuels: EPA Publishes Proposed 2026–27 Renewable Fuel Standard Volume Requirements
On June 17, 2025, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (90 FR 25784) to set the 2026 and 2027 “applicable volumes and percentage standard for . . . cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.” The proposed rule establishes the following cellulosic biofuel volume requirements (in billion RINs) for the following years: 2024—1.01, 2025—1.19, 2026—1.30, and 2027—1.36, and the following biomass-based diesel volume requirements: 2024—4.86, 2025—5.36, 2026—7.12, and 2027—7.50. Also announced by EPA, the proposed rule also “partially waive[s] the 2025 cellulosic biofuel volume requirement . . . reduc[es] the number of Renewable Identification Numbers (RINs) generated for imported renewable fuel and renewable fuel produced from foreign feedstocks and remov[es] renewable electricity as a qualifying renewable fuel under the [Renewable Fuel Standard (RFS)] program.” According to the proposed rule, EPA concluded that “electricity is not a fuel under the RFS program” and that “renewable electricity does not meet the definition of renewable fuel because it does not ‘replace or reduce the quantity of fossil fuel present in a transportation fuel.’” Additionally, EPA published in the Federal Register a notice (90 FR 25614) announcing a public hearing on July 8, 2025 on its RFS proposed rule, which is available for public comment until August 8, 2025.

Regulatory Policy: USDA Removes Dairy Disaster Assistance Program, ‘Obsolete, Unnecessary’ Regulations
On June 18, 2025, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) published in the Federal Register a final rule (90 FR 25873) removing several regulations FSA has deemed “obsolete, unnecessary, and outdated,” in accordance with Executive Order 14219 of February 19, 2025, “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency Deregulatory Initiative”:

According to the rule, the “time periods for which eligible losses could have been claimed under” the Dairy Disaster Assistance Payment Program “have since expired.” FSA states that the regulation removals “will have no impacts on past or present FSA customers.”

Animal Health: USDA Publishes Proposed Rule to Remove Horse ‘Pre-Export Exam’ Requirement
On June 20, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a proposed rule (90 FR 26224) to remove “the requirement that horses offered for importation to the United States be accompanied by documentation of pre-export examination occurring within 48 hours of departure from the port of embarkation endorsed by a salaried veterinary medical officer.” APHIS states that the agency is removing the requirement in response to “logistical barriers” that have arisen since publication of the agency’s 2023 rule (88 FR 62993) requiring the pre-export examination of imported horses, enacted in response to an increased number of sick and injured horses entering the United States. APHIS states that repeated “extenuating circumstances” require a deviation from this rule, including delayed flights and issues with locating a salaried veterinarian to perform the pre-export examination within the 48-hour allotted window. The proposed rule is available for public comment until August 19, 2025.

 

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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:

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:

Penn State Solar Law Symposium. Hosted by Penn State Extension and the Penn State Center for Energy Law and Policy, co-sponsored by Penn State Center for Agricultural and Shale Law. 6 PACLE credits available.

  • August 21, 2025, 10:00am–4:45pm. Online.

2025 Agricultural Law Symposium. 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.

Resources of Interest:

Penn State Research, ‘Forever Chemicals’ Detected in 65% of Sampled Private Wells in Pennsylvania (June 16, 2025)

Nat’l Agric. Law Ctr., The Feed: Vol. 3, Issue 12, Drew Viguet (June 26, 2025)

Nat’l Agric. Law Ctr., Who Gets to Say? Agency Deference in a Post-Chevron World: Auer v. Robbins, Brigit Rollins and Kelli Ludlum (June 24, 2025)

Agric. Law & Tax’n Blog, Purchasing vs. Leasing Farm Equipment, Roger A. McEowen (June 22, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, Farmer—Saved SeedWhat Is Legal And What Is Not—Updated, Paul Goeringer (June 24, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Two Ag Bills Delivered to Governor DeWine, Peggy Kirk Hall (June 26, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Revisiting Minimum Wage Obligations in Ohio Agriculture, Jeffrey K. Lewis (June 24, 2025)

Univ. of Ill. Farm Policy News, Ag Trade Deficit Reaches Record High $20 Billion Through April, Ryan Hanrahan (June 24, 2025)

Univ. of Ill. Farm Policy News, Trump Again Considering Immigration Relief for Farmworkers, Ryan Hanrahan (June 23, 2025)

Southern Ag Today, Why Aren’t PFAS Compounds in Land Applied Biosolids Prohibited by EPA?, Brook Duer (Penn State Dickinson Law) and Paul Goeringer (Univ. Md.) (June 27, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 26—June 28, 2025):  

Department of Environmental Protection

55 Pa.B. 4457 Notice: “Application Period for Municipal Recycling Program Performance Grant Applications Under Act 101, Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988; Calendar Year 2024”

55 Pa.B. 4376 Notice: “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”

55 Pa.B. 4459 Notice: “Planning Grant Award under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

55 Pa.B. 4459 Notice: “Proposed State Plan for 40 CFR Part 60, Subpart OOOOc Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities; Additional Public Hearing”

Environmental Quality Board

55 Pa.B. 4346 Proposed Rulemaking: “Administration of the Land Recycling Program—Chromium (VI)”

State Conservation Commission

55 Pa.B. 4510 Notice: “Action on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth’s Facility Odor Management Program”

PENNSYLVANIA LEGISLATURE

HB 1584 “An Act amending the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements.” Re-committed to Rules [House] (June 25, 2025)

HB 218 “A Resolution directing the Legislative Budget and Finance Committee to conduct a study and issue a report on the compensation and benefits packages given to game wardens, waterways conservation officers and Department of Conservation and Natural Resources rangers.” Reported as committed [House] (June 23, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Selects Four Organizations to Receive $3.7 Million in Grants to Assist Farmers with Nutrient Management in Western Lake Erie Basin (June 25, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Secretary Rollins Provides Update on Bird Flu Strategy, Egg Prices Continue to Fall (June 26, 2025)

ICYMI: Secretary Rollins Op-Ed in Deseret News on Repealing Roadless Rule (June 25, 2025)

Secretary Rollins Announces New Slate of Political Appointments to USDA (June 25, 2025)

Secretary Rollins Rescinds Roadless Rule, Eliminating Impediment to Responsible Forest Management (June 23, 2025)

Secretary Rollins Statement on Increased National Wildland Fire Preparedness Level (June 21, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service (AMS)

USDA Issues a Packers and Stockyards Complaint against Heartland Exotic Bird and Animal Auction LLC and Justin Hamilton (June 24, 2025)

USDA Settles a Packers and Stockyards Case with Camelot Cattle Company LLC dba 101 Livestock Auction and John Knight (June 24, 2025)

Economic Research Service (ERS)

United States and Global Macroeconomic Projections from 2024 to 2034 (June 26, 2025)

Economic Outcomes of Soil Health and Conservation Practices on U.S. Cropland (June 25, 2025)

Farm Service Agency (FSA)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Natural Disasters (June 26, 2025)

Federal Emergency Management Agency Designates Multiple Counties in Missouri as Natural Disaster Areas Due to Severe Storms, Straight-line Winds, Tornadoes, and Flooding (June 26, 2025)

USDA Designates 5 Oklahoma Counties as Primary Natural Disaster Areas for Drought (June 25, 2025)

USDA Designates 2 South Carolina Counties as Primary Natural Disaster Areas (June 25, 2025)

USDA Designates 2 Kansas Counties as Primary Natural Disaster Areas (June 25, 2025)

Foreign Agricultural Service (FAS)

Export Sales to Mexico (June 27, 2025)

Export Sales to Egypt (June 26, 2025)

Export Sales to Mexico (June 24, 2025

National Agricultural Statistics Service (NASS)

United States Hog Inventory Up Slightly (June 26, 2025)

Quarterly Hogs and Pigs (June 26, 2025)

National Institute of Food and Agriculture (NIFA)

EFNEP: Taking Charge of Health, One Lesson, One Meal, and One Family at a Time (June 23, 2025)

Natural Resources Conservation Service (NRCS)

NRCS Helps Landowner Restore Wetland in Lebanon County (June 26, 2025)

NRCS helps Alaska Natives protect habitat and subsistence in Hooper Bay, Alaska (June 25, 2025)

USDA Offers Montana Farmers and Ranchers Assistance Following Severe Storms (June 24, 2025)

NRCS State Technical Advisory Committee Meeting Scheduled for July 8 (June 24, 2025)

Small town Texas dairy achieves positive outcomes through conservation stewardship (June 24, 2025)

Mid-June Forage Production Report and Outlook (June 23, 2025)

Rural Development

USDA Holds National Lenders of Year Award Ceremony (June 24, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: June 21-27, 2025):

Department of Agriculture

90 FR 26779 Notice; request for comments: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: Agriculture Wood Apparel Manufacturers Trust Fund]” (June 24, 2025)

90 FR 26521 Notice of a new system of records: “Privacy Act of 1974; System of Records” (June 23, 2025)

Animal and Plant Health Inspection Service

90 FR 27522 Notice of availability: “Notice of Availability of an Environmental Assessment for Field Release of Aceria salsolae (Acari: Eriophyidae), a Mite for Biological Control of Russian Thistle (Salsola tragus), in the Contiguous United States” (June 27, 2025)

90 FR 26962 Notice of public hearing: “General Conference Committee of the National Poultry Improvement Plan” (June 25, 2025)

Environmental Protection Agency

90 FR 26810 Notice: “Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations” (June 24, 2025)

Farm Credit System Insurance Corporation

90 FR 27539 10 a.m., Wednesday, July 9, 2025: “Board of Directors Meeting” (June 27, 2025

Food and Drug Administration

90 FR 27625 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Accreditation of Third-Party Certification Bodies to Conduct Food Safety Audits and Issue Certifications” (June 27, 2025)

90 FR 27632 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry on Establishing That a Tobacco Product Was Commercially Marketed in the United States as of February 15, 2007” (June 27, 2025)

90 FR 27642 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Substances Generally Recognized as Safe: Notifications and Convening Panels” (June 27, 2025)

90 FR 27628 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Sanitary Transportation of Human and Animal Food” (June 27, 2025)

90 FR 27630 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Substances Prohibited from Use in Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed” (June 27, 2025)

90 FR 27619 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Registration of Food Facilities” (June 27, 2025)

90 FR 27614 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Production, Storage, and Transportation of Shell Eggs (Preventing Salmonella Enteritidis)” (June 27, 2025)

90 FR 27639 Notice: “Change in Federal Payment and Collection Options” (June 27, 2025)

90 FR 27312 Notice: “Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 064” (June 26, 2025)

90 FR 27319 Notice of availability: “Conducting Remote Regulatory Assessments-Questions and Answers; Guidance for Industry; Availability” (June 26, 2025)

90 FR 27029 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food and Drug Administration’s Adverse Event and Product Experience Reporting Program” (June 25, 2025)

Food Safety and Inspection Service

90 FR 27225 Final rule: “Publication Method of Lists of States with and Without State Meat or Poultry Inspection Programs” (June 26, 2025)

Forest Service

90 FR 27523 Notice of meeting: “West Virginia Resource Advisory Committee” (June 27, 2025)

90 FR 27277 Notice; request for comments: “Information Collection; Pesticide-Use Proposal” (June 26, 2025)

90 FR 27277 Notice; request for comments: “Information Collection; Community Forest and Open Space Conservation Program” (June 26, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.4205 “To require the Secretary of Agriculture to annually publish certain data with respect to grape production, and for other purposes.” Referred to the House Committee on Agriculture (June 26, 2025)

H.R.4180 “To prohibit the use of M-44 devices, commonly known as “cyanide bombs”, on public land, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture (June 26, 2025)

H.R.4158 “To amend the Food and Nutrition Act of 2008 to make permanent the moratorium on SNAP benefit transaction fees.” Referred to the House Committee on Agriculture (June 26, 2025)

H.R.4156 “To establish a pilot program to establish a pre-approval or pre-qualification process for direct farm ownership loans under subtitle A of the Consolidated Farm and Rural Development Act in order to streamline the application process and provide greater certainty to borrowers.” Referred to the House Committee on Agriculture (June 26, 2025)

H.R.4155 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to require the Secretary of Agriculture to recognize centers of excellence, and for other purposes.” Referred to the House Committee on Agriculture (June 26, 2025)

H.R.4134 “To amend the Food Security Act of 1985 to add flood prevention and mitigation measures to purposes of the Regional Conservation Partnership Program, and for other purposes.” Referred to the House Committee on Agriculture (June 25, 2025)

H.R.4133 “To amend the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, and for other purposes.” Referred to the House Committee on Agriculture (June 25, 2025)

H.R.3937 “Wabeno Economic Development Act” Ordered to be Reported in the Nature of a Substitute by Unanimous Consent (June 25, 2025)

H.R.183 “Law Enforcement Officer Recreation Pass Act” Ordered to be Reported in the Nature of a Substitute by Unanimous Consent (June 25, 2025)

H.R.4110 “To provide for the improved collection of data for organic dairy, and for other purposes.” Referred to the House Committee on Agriculture (June 24, 2025)

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

S.2185 “A bill to amend the Consolidated Farm and Rural Development Act to establish an energy circuit rider program to disseminate technical and other assistance to rural communities to support energy efficiency and clean energy projects that save energy and reduce greenhouse gas emissions.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 26, 2025)

S.2183 “A bill to amend the Farm Security and rural Investment Act of 2002 to improve assistance to community wood facilities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 26, 2025)

 

Contributors:
Audry Thompson—Staff Attorney
Christina Fraser—Research Assistant