September 16, 2026
Agricultural Law Weekly Review—September 16, 2026
Webinars this Month:
Fri. Sept. 25: Understanding the Basics of Data Centers & Transmission Impacts on Agriculture (FREE Attorney CLE)
Wed. Sep. 30: AgWorks: Worker Physical Protections (attorney CLE not available)
WOTUS: EPA and Army Publish Supplemental Proposed Rule to Define 'Relatively Permanent,' 'Continuous Surface Connection'
On September 9, 2026, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers published in the Federal Register a supplemental notice of proposed rulemaking (SNPR) (91 FR 57284) to supplement and seek further comment on additional optional definitions for "relatively permanent" waters and "continuous surface connection" waters in the agency's November 2025 proposed rule (90 FR 52498), which amends the definition of "waters of the United States" under the Clean Water Act. The SNPR proposes that both "relatively permanent" and "continuous surface connection" waters be "perennial," which the SNPR defines as "having standing or continuously flowing water every day of the year during ordinary conditions." The SNPR then defines "relatively permanent" to "mean[] perennial bodies of water. A body of water does not lose its relatively permanent status if it dries up as a result of anomalous events such as drought or dry spell. A body of water also does not lose its relatively permanent status if it dries up for no more than a single period of up to 30 consecutive days in any given year as a result of non-anomalous events resulting in a temporary interruption such as low tide or a regularly occurring dry spell." The SNPR defines "continuous surface connection" to "mean[] perennial surface water in a wetland that is continuously connected with the surface water in the jurisdictional water such that it is difficult to determine where the jurisdictional water ends and the wetland begins. Temporary interruptions in the surface water connection may occur as the result of anomalous events such as drought or dry spell. A temporary interruption in the surface water connection lasting no more than a single period of up to 30 consecutive days in any given year may also occur as a result of non-anomalous events such as low tide or a regularly occurring dry spell." Also announced by EPA, the agency states that it will consider the supplementary language and it respective feedback alongside the November 2025 rule. The SNPR is available for public comment until October 9, 2026. See also ALWR—Nov. 25, 2025, "EPA, Army Corps Publish New 'Waters of the United States' Definition."
Environmental Policy: PA Governor Issues Executive Order Directing Data Center Regulation
On August 18, 2026, Pennsylvania Governor Josh Shapiro issued Executive Order 2026-05, which imposes new requirements on data center development within the Commonwealth. The order mandates that developers comply with the Governor's GRID Requirements or satisfy additional permitting conditions before the state Department of Environmental Protection (DEP) will review or issue permits, particularly permits for those data centers with peak energy demand exceeding 25 megawatts. Further, data center projects must demonstrate consistency with local comprehensive plans and obtain required municipal approvals, while projects complying with GRID may enter into project-specific consent orders and agreements with DEP. The order also prohibits state-agency nondisclosure agreements for data center projects, creates a public permitting map, and requires annual reporting of data centers' energy, natural gas, and water consumption beginning July 1, 2027. Additionally, the order seeks to protect ratepayers by directing data centers to bear their own reliability, interconnection, and related electricity costs and by prioritizing data centers for curtailment during electric-system emergencies unless sufficient additional capacity has been secured.
Webinar Fri. Sept. 25: Understanding the Basics of Data Centers & Transmission Impacts on Agriculture
Local Agricultural Policy: Pennsylvania Announces $500,000 for Farm Vitality Planning Grants, Applications Open
On August 27, 2026, the Pennsylvania Department of Agriculture (PDA) announced that the PA Agricultural Business Development Center (ABDC) is accepting applications for the Farm Vitality Planning Grant Program, a PA Farm Bill initiative which provides up to $15,000 in reimbursements to cover up to 75% of eligible costs to support business planning to expand, diversify, or transition farms to new owners. PDA states that it "will give up to $500,000 for program grants in 2026-2027" until the funds are depleted.
Dairy Policy: Pennsylvania Announces Chobani to Establish Dairy Manufacturing in Allentown Keurig Dr Pepper Facility
On September 1, 2026, Pennsylvania Governor Josh Shapiro announced that Chobani will take over operation of the 1.5 million square foot Keurig Dr Pepper manufacturing facility located at 7356 Industrial Boulevard, Allentown in Upper Macungie Township "to establish its first dairy product manufacturing operation in Pennsylvania." According to the announcement, the project will yield a $1.2 billion investment from Chobani and "create 900 full-time jobs over the next five years in the Lehigh Valley." Additionally, the "facility is expected to process more than three billion pounds of Pennsylvania milk annually," which the announcement states is "equivalent to approximately 30 percent of all milk currently produced in the Commonwealth." The governor states that, in support of the operation, "the Commonwealth will provide $50 million in loans and grants through the Pennsylvania Strategic Investments to Enhance Sites (PA SITES) Program" and "will continue to drive out $127 million in loans and grants available directly to eligible Pennsylvania dairy farmers."
Webinar Oct. 13: Quarterly Dairy Legal Webinar 3rd Qtr 2026—Landowner Liability Statutes for Dairy
National Agricultural Policy: President Issues Executive Orders on Competition and Rancher Support
On September 4, 2026, President Donald Trump issued Executive Order 14424 titled "Promoting Fair Competition in Livestock Markets and Expanding Market Access for American Meat Producers" (91 FR 57761) and Executive Order 14425 titled "Supporting America's Ranchers" (91 FR 57765), directing the U.S. Department of Agriculture (USDA) to strengthen enforcement of the Packers and Stockyards Act, expand interstate market access for meat producers, and support small and regional processors. Also announced by USDA with a corresponding "Ranchers First" initiative webpage, the orders also direct federal agencies to review policies affecting ranchers, consider changes to wolf protections and depredation programs, and evaluate mandatory country-of-origin labeling for beef.
International Trade: President Further Increases Tariff-Rate Quota for Argentinian Beef
On August 26, 2026, President Donald Trump issued Proclamation 11059 (91 FR 55989), "Further Ensuring Affordable Beef for the American Consumer," and a corresponding fact sheet, which temporarily increases the quantity of imported lean beef trimmings eligible for the lower in-quota tariff rate under the United States' beef tariff-rate quota (TRQ). The proclamation increases the 2026 aggregate in-quota quantity by 300,000 metric tons, building on the additional 80,000 metric tons of lean beef trimmings from Argentina authorized under Proclamation 11010 of February 6, 2026 (91 FR 7107). See also ALWR—February 24, 2026, "International Trade: President Issues Executive Order Increasing Tariff-Rate Quota for Argentinian Beef, Trade Agreement Signed with Argentina."
International Trade: U.S. Court of International Trade Rules Feed-Grade Chlortetracycline Is an Antibiotic
On September 2, 2026, the U.S. Court of International Trade issued an opinion granting summary judgment in favor of Zoetis Services LLC in a case challenging the tariff classification of feed-grade chlortetracycline concentrate imported from China. Zoetis Services LLC v. United States, No.1:22-cv-00056. The court held that the merchandise was properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2941.30.00, which covers "Antibiotics: Tetracyclines and their derivatives; salts thereof," rather than under heading 2309 as a preparation for animal feed, as U.S. Customs and Border Protection had determined.
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Understanding Agricultural Law Series. A free monthly 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:
Sept. 25: Understanding the Basics of Data Centers & Transmission Impacts on Agriculture
Oct. 23: Understanding the Basics of Farm Labor Contractors
Nov. 20: Understanding the Basics of Mediation in USDA Disputes (ethics credit)
Dec. 11: Understanding the Basics of the Capper Volstead Act
AgWorks: Connecting Agricultural Businesses to Workforce Services and Training. From 2025 to 2027, the Penn State Center for Agricultural and Shale Law and Penn State Extension will collaborate with farms and agriculture-related businesses to strengthen the workforce system. AgWorks will provide registered small- to medium-sized Pennsylvania farms and agribusinesses with no-cost training and consultation to ensure business sustainability. As part of the AgWorks program, the Center for Agricultural and Shale Law will provide legal consulting and present 20+ employment law programs. Upcoming AgWorks webinars and workshops:
Sep. 30: Worker Physical Protections
Oct. 27: Employer Property and Privacy Rights for Employees
Nov. 18: Employing Minors: Hazardous Jobs, Federal Standards (registration coming soon)
Dec. 16: Employing Minors: PA Child Labor Act and Examples (registration coming soon)
Quarterly Dairy Legal Webinar Series. A free quarterly 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:
Oct. 13: 3rd Quarter 2026—Landowner Liability Statutes for Dairy
2026 Ag and Natural Resources Law Summit—September 22–23 in Shepherdstown, WV
Interested in learning more about heirs property, land use, solar development and other similar topics? Make plans to attend the 2026 Agricultural and Natural Resources Law Summit, to be held at the National Conservation Training Center.
Subscribe to the Pennsylvania Farm Employers' Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.
Resources of Interest:
Nat'l Agric. Law Ctr., Food Foundations: Livestock & Poultry Slaughter and Processing, Elizabeth Rumley and Mary Grace Winfrey (Sep. 8, 2026)
Nat'l Agric. Law Ctr., Between a Rock and a Hard Place: A Roadmap for Distressed Agricultural Borrowers, Mary Eichenberger (Sep. 10, 2026)
Ohio St. Univ. Ext. Farm Off. Blog, FinCEN Permanently Ends Beneficial Ownership Reporting for U.S. Businesses, Robert Moore (Sep. 9, 2026)
Tex. A&M Agric. Law Blog, Deere Right to Repair Settlement Approved – What Does that Mean for You?, Tiffany Dowell Lashmet (Sep. 8, 2026)
Agric. Law & Tax'n Blog, Rights Inflation, Roger McEowen (Sep. 9, 2026)
Agric. Law & Tax'n Blog, WOTUS Returns, Roger McEowen (Sep. 6, 2026)
Univ. of Ill. Farm Policy News, Farmers, Ag State Lawmakers Brace for Escalating Canada Trade War, Ryan Hanrahan (Sep. 9, 2026)
Univ. of Ill. Farm Policy News, Trump Says Brazil, Argentina Will Supply Tariff-Free Beef Imports, Ryan Hanrahan (Sep. 8, 2026)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
None.
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 56, No. 37—Sep. 12, 2026)
Department of Agriculture
56 Pa.B. 6039 Notice: "Program Requirements for Agricultural Plastic Recycling Program"
56 Pa.B. 6040 Notice: "Program Requirements for Researching Alternatives to Agricultural Plastics"
Environmental Hearing Board
56 Pa.B. 6035 Proposed rulemaking: "Rules of Practice and Procedure; General Update"
PENNSYLVANIA LEGISLATURE
HB 2760 "An Act providing for the protection of water supplies by requiring commercial data centers to restore or replace a polluted or diminutive water supply; and imposing duties on the Department of Environmental Protection." Referred to Environmental & Natural Resource Protection (Sep. 9, 2026)
HB 84 "An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions; and, in residual waste, providing for prohibition on road spreading and land application of oil and gas wastewater." Laid on the table (Sep. 8, 2026)
HB 1213 "An Act amending Titles 53 (Municipalities Generally) and 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in municipal authorities, providing for customer notice of atypical water usage; and, in rates and distribution systems, providing for customer notice of atypical water usage." Laid on the table (Sep. 8, 2026)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES
EPA Announces $3.5 Million in Grant Funding to Help Tribes Restore and Protect Local Waterbodies (Sep. 10, 2026)
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
None.
USDA AGENCY PRESS RELEASES
Agricultural Marketing Service (AMS)
USDA Requests Comments on Beef Grade Standards (Sep. 8, 2026)
Economic Research Service
Cooperative Extension in Transition: Trends Through 2024 (Sep. 11, 2026)
Food-animal Veterinarians and the Persistence of Rural Shortage Areas (Sep. 10, 2026)
Agricultural Income and Finance Situation and Outlook: 2021–23 Edition (Sep. 9, 2026)
Local Food Procurement Pathways: Key Drivers of Farm to School Participating Authorities Buying Directly From Farmers (Sep. 8, 2026)
Food Safety Inspection Service
Constituent Update (Sep. 11, 2026)
FSIS Updates for Small Plants (Sep. 9, 2026)
Costa Rica: Foreign Audit Report (Sep. 8, 2026)
Foreign Agricultural Service
Export Sales to Mexico (Sep. 11, 2026)
USDA Announces Expanded Suite of Trade, Development and Food Security Opportunities for Venezuela (Sep. 10, 2026)
Export Sales to China and Unknown Destinations (Sep. 10, 2026)
National Agricultural Statistics Service
September Crop Production (Sep. 11, 2026)
Risk Management Agency
USDA Extends Insurance Date for Monterey Lemon Growers (Sep. 11, 2026)
USDA Extends Shellfish Crop Insurance Program to Five Texas Counties (Sep. 11, 2026)
USDA Adds Risk Management Flexibility for Oyster Producers in Two Massachusetts Counties (Sep. 11, 2026)
Springfield RO: USDA Expands Covered Causes of Loss for Grapevine Policyholders (Sep. 10, 2026)
Spokane RO: USDA Expands Covered Causes of Loss for Grapevine Policyholders (Sep. 10, 2026)
USDA Improves Crop Insurance for New York Apple Growers (Sep. 10, 2026)
Rural Development
USDA Rural Development Announces $2.9 Million Investments in Community Infrastructure to Benefit Rural Areas Across Pennsylvania (Sep. 10, 2026)
FEDERAL EXECUTIVE AGENCIES (Federal Register: Sep. 7-11, 2026):
Agriculture Department
91 FR 57828 Request for information: "Modernization of Regulations Under 9 CFR Parts 101-118 and 123-124" (Sep. 11, 2026)
Agricultural Marketing Service
91 FR 57855 Referendum order: "Avocados Grown in South Florida; Continuance Referendum" (Sep. 11, 2026)
91 FR 57855 Notice and request for comments: "Notice of Request for Extension of a Currently Approved Information Collection" (Sep. 11, 2026)
91 FR 57536 Notice and request for comment: "Specialty Crop Diversion Programs; Notice of Request for Approval of a New Information Collection" (Sep. 10, 2026)
91 FR 57275 Proposed rule; withdrawal: "Watermelon Research and Promotion Plan; Realignment; Withdrawal of Proposed Rule" (Sep. 9, 2026)
91 FR 57125 Notice; extension of comment period for request for comments on beef grade standards: "United States Standards for Grades of Carcass Beef" (Sep. 8, 2026)
Animal and Plant Health Inspection Service
91 FR 57857 Notice: "Domestic Quarantine: Quarantined Areas and Regulated Articles" (Sep. 11, 2026)
Executive Office of the President
91 FR 57765 Presidential document: "Supporting America's Ranchers" (Sep. 10, 2026)
91 FR 57761 Presidential document: "Promoting Fair Competition in Livestock Markets and Expanding Market Access for American Meat Producers" (Sep. 10, 2026)
Environmental Protection Agency
91 FR 57867 Notice: "Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Soil and Non-Soil Fumigant Risk Mitigation" (Sep. 11, 2026)
91 FR 57284 Supplemental notice of proposed rulemaking: "Updated Definition of 'Waters of the United States'" (Sep. 9, 2026)
Food and Drug Administration
91 FR 57895 Notice: "Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Generic Clearance for Qualitative Data To Support Social and Behavioral Research for Food, Dietary Supplements, Cosmetics, and Animal Food and Feed" (Sep. 11, 2026)
91 FR 57531 Notification; withdrawal of petition: "Green Innovation GmbH; Withdrawal of Food Additive Petition (Animal Use)" (Sep. 10, 2026)
Food and Nutrition Administration
91 FR 57245 Direct final rule: "Simplified Geographic Preference Procurement in Child Nutrition Programs" (Sep. 9, 2026)
Food Safety Inspection Service
91 FR 57125 Notice and request for comments: "Notice of Request to Renew an Approved Information Collection: Mechanically Tenderized Beef Products" (Sep. 8, 2026)
Foreign Agricultural Service
91 FR 57126 Notice of information collection; request for comments: "Notice of Request for Approval of an Existing Information Collection in Use Without an Office of Management and Budget Control Number" (Sep. 8, 2026)
National Agricultural Statistics Service
91 FR 57858 Notice and request for comments: "Notice of Intent to Request Revision and Extension of a Currently Approved Information Collection" (Sep. 11, 2026)
91 FR 57859 Notice and request for comments: " Notice of Intent to Request Revision and Extension of a Currently Approved Information Collection" (Sep. 11, 2026)
Rural Business-Cooperative Service
91 FR 57537 Notice of funding opportunity: "Notice of Funding Opportunity for the Agriculture Innovation Center Demonstration (AIC) Program 2026" (Sep. 10, 2026)
U.S. HOUSE AGRICULTURE COMMITTEE
H.R.10342 "To amend the Consolidated Farm and Rural Development Act to expand eligibility of Department of Agriculture loans and grants for fishing and mariculture businesses, and for other purposes." Referred to the House Committee on Agriculture (Sep. 10, 2026)
H.R.9999 "Mountain Pine Beetle Coordination Act" Referred to the Subcommittee on Federal Lands (Sep. 10, 2026)
H.R.2317 "Northern Nevada Economic Development and Conservation Act of 2026" Placed on the Union Calendar, Calendar No. 710 (Sep. 10, 2026)
H.R.10324 "ROMA Act" Referred to the House Committee on Agriculture (Sep. 8, 2026)
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY
None.
AGRICULTURE-RELATED LEGISLATIVE HEARINGS & REPORTS
U.S. HOUSE AGRICULTURE COMMITTEE:
U.S. House Ag. Comm., Increasing Demand and Opportunities for Homegrown Products Here and Abroad, Sep. 16, 2026 at 9:30 AM ET
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:
None.
Contributors:
Audry Thompson, Staff Attorney
Christina Fraser, Research Assistant
