April 1, 2025

Agricultural Law Weekly Review—April 1, 2025

WOTUS: EPA Publishes Rule Requesting Recommendations for WOTUS definition 🌾
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published in the Federal Register a proposed rule (90 FR 13428) announcing listening sessions and seeking stakeholder comment on “implementation of the definition of ‘waters of the United States’ in light of the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency.” Previously, EPA issued an intra-agency memorandum on “proper implementation of ‘continuous surface connection’ under the definition of ‘waters of the United States.’” Also announced by EPA, the rulemaking states, “The agencies are committed to learning from the past regulatory approaches—the pre-2015 regulations and guidance, the 2015 Clean Water Rule, the 2020 Navigable Waters Protection Rule, the 2023 Rule, and the Amended 2023 Rule—while engaging with stakeholders before taking further administrative action to provide any additional clarification . . . on specific aspects of the definition of ‘waters of the United States.’” Listening sessions are currently scheduled for April 29–May 1, 2025 for states, tribes, industry and agricultural stakeholders, and environmental and conservational stakeholders, and a public listening session is yet to be announced. EPA is accepting public comments on the proposed rulemaking until April 23, 2025 (EPA-HQ-OW-2025-0093). See also CASL’s Waters of the United States Virtual Resource Room.

Dairy Policy: U.S., Guatemalan Dairy Industries Sign International Trade MOU
On March 19, 2025, the U.S. Dairy Export Council (USDEC) and the National Milk Producers Federation of the United States (NMPF) signed a memorandum of understanding (MOU) with the Guatemalan Dairy Development Association (ASODEL) in Guatemala City, Guatemala. Also announced by USDEC and NMPF, the MOU identifies eleven points of agreement between the trade groups, including facilitating communication, holding annual meetings, promoting “regional alignment in support of common policy priorities in international forums” such as the Food and Agriculture Organization (FAO) and World Health Organization (WHO). Additionally, the groups state that they will “defend common terms for foods and beverages against any action in the context of a trade negotiation.”

Dairy Policy: North Dakota Passes Bill to Allow Whole, Flavored Bulk Milk in Schools
On March 24, 2025, North Dakota Governor Kelly Armstrong signed into law HB 1132 (PDF), “relating to whole, two percent, and flavored milk served in schools.” The new bill, which passed unanimously through both chambers of the state’s legislature, creates a new section to North Dakota’s Elementary and Secondary Education School Board laws (N.D. Cent. Code § 15.1-09), assigns “bulk milk” the same definition as the state’s Milk Marketing Board law (N.D. Cent. Code § 4.1-26-01), and provides that a school board “may establish a policy allowing a school within the school district to serve whole, two percent, and flavored pasteurized milk through a bulk milk dispenser.” Under North Dakota’s state constitution (Article IV, Section 13), the law will become effective August 1, 2025.

Food Policy: West Virginia Passes Law Prohibiting Food Dyes in School Meals, In-State Sales
On March 24, 2025, West Virginia Governor Patrick Morrisey approved HB 2354 (PDF), which prohibits the use of seven food dyes in the state: Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3. Beginning August 1, 2025, the seven food dyes are prohibited in school meals, although the law allows for the sale of noncompliant foods “as part of a school fundraising event if the sale . . . takes place off of and away from school premises or . . . takes place on the school premises at least one-half hour after the end of the school day.” Additionally, beginning January 1, 2028, the law deems as “adulterated” foods containing any of the seven food dyes or the preservatives butylated hydroxyanisole and propylparaben and establishes their sale within the state as a misdemeanor punishable by fine up to $500 or one year in jail. However, the law exempts “any person who . . . sells . . . less than $5,000, in aggregate, of adulterated food, per month.”  

Agricultural Labor: Jury Awards Plaintiff Over $200,000 for Migrant and Seasonal Agricultural Worker Protection Act Violations
On February 18, 2025, the U.S. District Court for the District of Oregon issued a judgement, in accordance with a jury verdict, ordering Oregon produce company Cal Farms, Inc. to pay $207,000 in damages for violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA). Carvajal v. Cal Farms, Inc., Docket No. 3:22-cv-00678. According to the complaint, the plaintiff, a U.S. citizen and “experienced farm worker,” applied for work covered by Cal Farms’s H-2A contracts in 2019 and 2020 during the first 50% of the contract period, during which Cal Farms “was required to hire all qualified, eligible U.S. workers who applied.” However, the company did not hire the plaintiff and instead “hired dozens of temporary, non-immigrant H-2A workers.” The jury found that Cal Farms’s actions constituted breach of contract, discrimination, and a “violat[ion] . . . of the working arrangement [terms] . . . under the AWPA.” The jury awarded the plaintiff $17,712 in lost wages and $190,000 in pain and suffering damages. According to the judgment, the plaintiff worker may also seek pre-judgment interest, attorneys fees, and costs.

Pesticides/Herbicides: Georgia State Court Awards $2 Billion in Roundup Product Liability Case
On March 24, 2024, the Georgia State Court of Cobb County issued a judgment ordering Bayer/Monsanto to pay $2.065 billion in damages following a jury verdict in a case claiming that the company’s glyphosate-based Roundup herbicide caused the plaintiff’s cancer. Barnes v. Monsanto, No. 21-A-444. According to the judgment, the awarded damages include $65 million in compensatory damages and $2 billion in punitive damages. In response to the judgment, Bayer issued a statement that the company “disagree[s] with the jury’s verdict, as it conflicts with the overwhelming weight of scientific evidence” and “believe[s] that [it] ha[s] strong arguments on appeal to get th[e] verdict overturned.” Bayer additionally stated that the company “remains committed to trying cases” and “maintains that the . . . state-based failure to warn claim in this and other cases in the Roundup litigation is preempted by federal law consistent with the Schaffner decision by the Third Circuit Court of Appeals,” which has “created a circuit split within the federal appellate courts.” Bayer further stated that it “is currently evaluating the cases which would present the best opportunity for review and will file a petition for certiorari in 2025, and if granted, the Supreme Court would decide the case during its 2025-2026 session.” See also CASL’s Glyphosate Issue Tracker.

Pesticides/Herbicides: Missouri Appellate Court Upholds Jury Verdict for Roundup Plaintiff
On February 11, 2025, the Missouri Court of Appeals for the Eastern District published an opinion affirming a jury’s 2023 verdict awarding a plaintiff $1.25 million in compensatory damages after he claimed that Monsanto’s glyphosate-based Roundup herbicide caused him to develop non-Hodgkin’s lymphoma. Durnell v. Monsanto, No. ED112410. Monsanto argued that the Federal Insecticide, Fungicide, and Rodenticide Act’s (FIFRA) labeling requirements preempt a state law failure-to-warn claim. However, the court concluded that FIFRA’s express preemption provision “will only preempt a state law requirement—including a common-law cause of action—that is not fully consistent with FIFRA’s requirements,” meaning that the requirement is both  “for labeling or packaging and in addition to or different from what FIFRA requires” The court then determined that Missouri’s requirement “is fully consistent” with FIFRA’s labeling requirements and, as such, compliance with both state and federal requirements is possible. The court stated that it was “not persuaded that the EPA’s historical actions regarding glyphosate constitute clear evidence of an irreconcilable conflict between state and federal law, especially in light of Monsanto’s demanding burden.” For background, see ALWR—Nov. 6, 2023, “Three State Juries Award $508 Million to Roundup Plaintiffs.” See also CASL’s Glyphosate Issue Tracker.

 

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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. More information & registration coming soon.

  • September 18, 2025—Save the Date!

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:

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

Farmland Legal Energy Podcast

The Inflation Reduction Act and Agriculture

An Introduction to Foreign Ownership of Agricultural Land

Dust Pollution in Rural Pennsylvania

Introduction to Precision Agriculture

Resources of Interest

Nat’l Agric. Law Ctr., Community Supported Agriculture: A Field Guide for Producers and Consumers, Emily Stone (Mar. 25, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, Introducing FARMS: A Comprehensive Tool for Farm Transition Planning, Robert Moore (Mar. 26, 2025)

Tex. A&M Agric. Law Blog, Court Rules in Corner-Crossing Trespassing Case, Tiffany Dowell (Mar. 24, 2025)

Agric. Law & Tax’n Blog, Best Practices in Lease Contract Negotiation, Serena Newton (Mar. 25, 2025)

Southern Ag Today, Understanding Renewable Energy Agreements: Easement, Option, and Lease Phases Explained, Paul Goeringer, Univ. Md (Mar. 28, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Governor Shapiro Stands Up for Pennsylvania Farmers, Appeals USDA’s Unlawful Decision to Cancel Local Food Purchasing Assistance Program (Mar. 25, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 13: Mar. 29, 2025)

Department of Agriculture

55 Pa.B. 2424 Notice: “Agriculture Conservation Assistance Program—Philadelphia”

55 Pa.B. 2425 Notice: “General Quarantine Order; Certified Poultry Technicians Revised 2025”

Department of Environmental Protection

55 Pa.B. 2475 Application: “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”

55 Pa.B. 2576 “Bond Rate Guidelines for the Calculation of Land Reclamation Bonds on Noncoal Mining Operations”

55 Pa.B. 2578 “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

PENNSYLVANIA LEGISLATURE

HB 1059 “An Act amending . . .  the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements, for Agricultural Conservation Easement Purchase Fund and for Land Trust Reimbursement Program.” Referred to Agriculture & Rural Affairs (Mar. 26, 2025)

HB 615 “An Act amending . . . the Donated Food Limited Liability Act, further providing for donor immunity.” Laid on the table (Mar. 26, 2025)

HB 1038 “An Act amending . . . the Tax Reform Code of 1971 . . . providing for green roof tax credit.” Referred to Environmental & Natural Resource Protection (Mar. 25, 2025)

HB 369 “An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in land banks, further providing for definitions.” Referred to Urban Affairs & Housing (Mar. 26, 2025)

HB 1006 “An Act amending . . . the Milk Marketing Law, in weighing and testing, further providing for certified testers and for certified weighers and samplers.” Referred to Agriculture & Rural Affairs (Mar. 24, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Secretary Rollins Announces Aggressive International Travel Agenda to Expand Market Access for American Agricultural Exports (Mar. 28, 2025)

Secretary Rollins Sends Letter Challenging Governor Newsom’s Use of USDA Funding on Programs to Implement Radical Transgender Ideology, Violating Parental Rights (Mar. 27, 2025)

USDA Delivers on Rural Energy Commitments, Provides Path for Applicants to Support U.S. Energy Independence (Mar. 25, 2025)

USDA AGENCY PRESS RELEASES

Farm Service Agency

USDA Reminds Agricultural Producers to Enroll in Key Safety Net Programs (Mar. 27, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Wildfire and High Winds (Mar. 27, 2025)

Agricultural Producers Have Until April 15 to Enroll in USDA’s Key Commodity Safety Net Programs for the 2025 Crop Year, New Jersey Enrollment Currently At 94% of Expected (Mar. 2025)

Dairy Producers in Georgia Reminded to Obtain 2025 Dairy Margin Coverage by March 31 (Mar. 24, 2025)

Dairy Producers in South Carolina Reminded to Obtain 2025 Dairy Margin Coverage by March 31 (Mar. 24, 2025)

Dairy Producers in South Dakota Reminded to Obtain 2025 Dairy Margin Coverage by March 31 (Mar. 24, 2025)

National Agricultural Statistics Service

United States Hog Inventory Down Slightly (Mar. 27, 2025)

USDA releases Census of Agriculture data for the U.S. Virgin Islands (Mar. 27, 2025)

Natural Resources Conservation Service

Walking the Land, Strengthening the Future: NRCS Connects with Local Farmers (Mar. 24, 2025)

New Hampshire Natural Resources Conservation Service Announces Signup for State Regional Conservation Partnership Program Project (Mar. 24, 2025)

USDA Office of Inspector General

IIJA—Restoration Projects on Federal Land (Mar. 25, 2025)

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA announces completion of Hurricane Helene response in western North Carolina (Mar. 27, 2025)

EPA Administrator Zeldin Addresses Environmental Council of States’ 2025 Spring Meeting, Highlights Commitment to Cooperative Federalism (Mar. 25, 2025)

EDERAL EXECUTIVE AGENCIES (Federal Register: Mar. 23–29, 2025)

Agricultural Marketing Service

90 FR 14064 Notice: “Meeting of the National Organic Standards Board” (Mar. 28, 2025)

Forest Service

90 FR 14066 Notice—Comment Period: “Information Collection; Timber Sale Contract Operations and Administration” (Mar. 28, 2025)

90 FR 14065 Notice of Meeting: “Land Between the Lakes Advisory Board” (Mar. 28, 2025)

90 FR 14065 Notice of Meeting: “Lassen County Resource Advisory Committee” (Mar. 28, 2025)

90 FR 13449 Notice of Meeting: “Colville Resource Advisory Committee” (Mar. 24, 2025)

Rural Business-Cooperative Service, the Rural Housing Service, and the Rural Utilities Service

90 FR 13580 Notice: “Amendment of Rural Development Funding Opportunities Pursuant to the Executive Order “Ending Radical and Wasteful Government DEI Programs and Preferencing”; Correction of Rural Energy for America Funding Notice” (Mar. 25, 2025)

Rural Utilities Service

90 FR 13729 Notice: “Notice of Publication of RUS List of Eligible Countries” (Mar. 26, 2025)

U.S. Codex Office, U.S. Department of Agriculture

90 FR 13727 Notice: “Codex Alimentarius Commission: Meeting of the Codex Committee on General Principles” (Mar. 26, 2025)

90 FR 13728 Notice—Request for Comments: “Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Foods” (Mar. 26, 2025)

Environmental Protection Agency

90 FR 14137 Notice: “Environmental Impact Statements; Notice of Availability” (Mar. 28, 2025)

90 FR 14139 Notice: “Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; The U.S. Environmental Protection Agency’s WaterSense® Program (Renewal)” (Mar. 28, 2025)

90 FR 13859 Notice: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients (January 2025)” (Mar. 27, 2025)

90 FR 13838 Final Rule: “Pseudomonas Oryzihabitans Strain SYM23945; Exemption From the Requirement of a Tolerance” (Mar. 27, 2025)

90 FR 13428 Notice: “WOTUS Notice: The Final Response to SCOTUS; Establishment of a Public Docket; Request for Recommendations” (Mar. 24, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.2473 “To amend the Internal Revenue Code of 1986 to establish a new tax credit and grant program to stimulate investment and healthy nutrition options in food deserts, and for other purposes.” Referred to the Committees on Ways and Means and Agriculture. (Mar. 27, 2025)

H.R.2435 “To amend the Federal Agriculture Improvement and Reform Act of 1996 to assist farmers relying on the noninsured crop disaster assistance program by lowering the cost of purchasing coverage, reducing paperwork burdens, and increasing payouts under that program, and to incentivize farmers to transition gradually to a comprehensive insurance policy under the whole farm risk management insurance plan by offering progressive premium discounts on a commitment to purchase a whole farm plan of insurance.” Referred to the House Committee on Agriculture. (Mar. 27, 2025)

H.R.2407 “To help individuals receiving assistance under the supplemental nutrition assistance program in obtaining self-sufficiency, to provide information on total spending on means-tested welfare programs, and for other purposes.” Referred to the Committees on Agriculture and Oversight and Government Reform. (Mar. 27, 2025)

H.R.2405 “To direct the Secretary of Agriculture and the Secretary of the Interior to carry out activities to provide for white oak restoration, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources. (Mar. 27, 2025)

H.R.2396 “To unfreeze funding for contracts of the Department of Agriculture, to prohibit Farm Service Agency and Natural Resources Conservation Service office closures, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 27, 2025)

H.Res.260 “Designating March 27, 2025, as ‘National Women in Agriculture Day.’” Referred to the House Committee on Agriculture. (Mar. 27, 2025)

H.R.2379 “To amend the Farm Security and Rural Investment Act of 2002 to include the provision of tree nuts (including shelled tree nuts) under the seniors farmers’ market nutrition program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 26, 2025)

H.R.2357 “To amend the Food and Nutrition Act of 2008 to ensure that striking workers and their households do not become ineligible for benefits under the supplemental nutrition assistance program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 26, 2025)

H.R.2326 “To amend the National Nutrition Monitoring and Related Research Act of 1990 to improve the dietary guidelines, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 25, 2025)

H.R.2322 “To provide technical assistance to improve infrastructure in foreign markets for United States agricultural commodities.” Referred to the House Committee on Agriculture. (Mar. 25, 2025)

H.R.2317 “To provide for transfer of ownership of certain Federal lands in northern Nevada, to authorize the disposal of certain Federal lands in northern Nevada for economic development, to promote conservation in northern Nevada, and for other purposes.” Referred to the Committees on Natural Resource, and Agriculture. (Mar. 25, 2025)

H.R.1326 “DOE and USDA Interagency Research Act.” Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources. (Mar. 25, 2025)

H.R.2307 “To establish the Commission on National Agricultural Statistics Service Modernization to modernize the data collection and reporting processes of the National Agricultural Statistics Service, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 24, 2025)

H.R.2301 “To promote the development of renewable energy on public land, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture. (Mar. 24, 2025)

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

S.1197 “A bill to help individuals receiving assistance under the supplemental nutrition assistance program in obtaining self-sufficiency, to provide information on total spending on means-tested welfare programs, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 27, 2025)

S.1172 “A bill to unfreeze funding for contract of the Department of Agriculture, to prohibit Farm Service Agency and Natural Resources Conservation Service office closures, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 27, 2025)

S.1156 “A bill to amend the Food and Nutrition Act of 2008 to ensure that striking workers and their households do not become ineligible for benefits under the supplemental nutrition assistance program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 26, 2025)

S.1150 “A bill to amend the Food Security Act of 1985 to improve delivery of technical assistance, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 26, 2025)

S.1145 “A bill to amend the Farm Security and Rural Investment Act of 2002 to include the provision of tree nuts under the seniors farmers’ market nutrition program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 26, 2025)

S.1129 “A bill to amend the National Nutrition Monitoring and Related Research Act of 1990 to improve the dietary guidelines, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 25, 2025)

S.1119 “A bill to provide technical assistance to improve infrastructure in foreign markets for United States agricultural commodities.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 25, 2025)

S.1117 “A bill to amend the Federal Crop Insurance Act to modify a provision relating to quality loss adjustment coverage.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 25, 2025)

S.1114 “A bill to amend the Agricultural Credit Act of 1978 to authorize the Secretary of Agriculture to carry out emergency watershed protection measures on National Forest System land, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 25, 2025)

S.1107 “A bill to amend the Agricultural Credit Act of 1978 with respect to preagreement costs of emergency watershed protection measures, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 25, 2025)

S.1100 “A bill to amend the Food and Nutrition Act to modify the definition of food under the supplemental nutrition assistance program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 25, 2025)

Agriculture-Related Legislative Hearings & Reports

Senate Agriculture, Nutrition, and Forestry: “Hearings to examine S.222, to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program to serve whole milk.” (Apr. 1, 2025, 10:00 AM)

 

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