April 22, 2025

Agricultural Law Weekly Review—April 22, 2025

This week—Fri. Apr. 25: Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers

National Agricultural Policy: USDA Cancels ‘Partnerships for Climate-Smart Commodities,’ Announces ‘Advancing Markets for Producers’ 🌾
On April 14, 2025, the U.S. Department of Agriculture announced that the agency is cancelling its Partnerships for Climate-Smart Commodities (PCSC) program, initiated in 2022 under the Commodity Credit Corporation Charter Act. USDA states that “the majority of” PCSC “projects had . . . high administration fees which in many instances provided less than half of the federal funding directly to farmers” and that the agency “may continue” “select projects . . . if it is demonstrated that a significant amount of the federal funds awarded will go to farmers.” Additionally, USDA states that it will replace the PCSC program with the Advancing Markets for Producers (AMP) initiative, which “will utilize existing funding, with no new funding made available for these partnerships.” According to the announcement, “USDA will review existing grant agreements” for inclusion in the AMP initiative focusing on the following priorities:

  • “A minimum of 65% of federal funds must go to producers;”
  • “Grant recipients must have enrolled at least one producer as of 12/31/2024; and”
  • “Grant recipients must have made a payment to at least one producer as of 12/31/2024.”

According to a PCSC project dashboard last updated February 25, 2025, there were 135 PCSC projects in 55 states and territories, accounting for $3.09 billion in funding. USDA states that the agency “will contact current partners individually to provide information about their future participation” and “will honor all eligible expenses incurred prior to April 13, 2025.” See also ALWR—Sept. 16, 2022, “USDA Announces $2.8 Billion for 70 Climate-Smart Partnership Projects.”

Animal Welfare: Citing Loper Bright, Agencies Issue Proposed Rule to Rescind Endangered Species Act ‘Harm’ Definition
On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration published in the Federal Register a proposed rule (90 FR 16102) to “rescind the regulatory definition of ‘harm’ and rest on the statutory definition of ‘take’” in the Endangered Species Act (ESA). Under the ESA (16 U.S.C. 1532(19)), “‘take’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct” (emphasis added). ESA regulations (50 CFR 222.102) further define “harm” in the ESA’s definition of “take” as “an act which actually kills or injures fish or wildlife” and “may include significant habitat modification or degradation which actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including, breeding, spawning, rearing, migrating, feeding or sheltering.” The agencies state that the regulatory “harm” definition was upheld in 1995 under Chevron deference, but, “[u]nder Loper Bright, the question that matters is whether the statute authorizes the challenged agency action,” or, “[i]n other words, does the agency’s regulation match the single, best meaning of the statute?” The proposed rule further states, “The ESA itself defines ‘take,’ and further elaborating on one subcomponent of that definition—‘harm’—is unnecessary in light of the comprehensive statutory definition.” According to the proposed rule, the “revision would be prospective only and would not affect permits that have been granted as of the date the regulation becomes final.” The proposed rule is available for public comment until May 19, 2025 (FWS-HQ-ES-2025-0034).

International Trade: Commerce Department Announces 21% Duty on Tomatoes from Mexico
On April 18, 2025, the U.S. Department of Commerce International Trade Administration published in the Federal Register a notice (90 FR 16499) announcing the agency’s intention to withdraw from the 2019 Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico, “rescind one of two ongoing administrative reviews of the 2019 Agreement, and . . . institute an antidumping duty (AD) order.” Also announced by Commerce, the action applies to all fresh or chilled tomatoes, including “important commercial varieties” such as “common round, cherry, grape, plum, greenhouse, and pear tomatoes,” as well as “tomatoes . . . imported for cutting up, not further processing,” such as “tomatoes used in the preparation of fresh salsa or salad bars.” According to the announcement, “Commerce will institute an antidumping duty order on July 14, 2025, resulting in duties of 20.91% on most imports of tomatoes from Mexico.”

International Trade: USDA Invokes Additional ‘Safeguard’ Duty on Sugar Imports
On April 16, 2025, the U.S. Department of Agriculture (USDA) Foreign Agriculture Service (FAS) published in the Federal Register a notice (90 FR 15949) to invoke a “special agricultural safeguard duty” on imported products with more than 65% dry weight sugar content, as described in U.S. note 2 to chapter 17 of the Harmonized Tariff Schedule (HTS) of the United States. According to the notice, imports containing more than 65% sugar content have exceeded 1,252 metric tons during the current October 1, 2024–September 30, 2025 period, triggering the additional duty under the HTS. Nineteen countries are exempt from the additional import duty: Canada, Mexico, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru, Morocco, Bahrain, Jordan, Oman, Singapore, Korea, and Australia. Additionally, the notice states that the “duty shall not apply to any goods enroute on the basis of a contract settled before the date of publication of this notice.” The additional duty will be imposed April 16–September 30, 2025.

 

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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.

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:

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:

Nat’l Agric. Law Ctr., Soil for Sale? State Legislative Efforts to Restrict Foreign Investments—Part Seven, Ramie Parsons (Apr. 17, 2025)

Nat’l Agric. Law Ctr., Update on State Pesticide Liability Limitation Bills, Brigit Rollins (Apr. 15, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Show Me the Money: Ohio’s New Pay Stub Law, Jeffrey K. Lewis (Apr. 15, 2025)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Reporting CRP Income: Nothing New, but a Common Source of Questions,  Kristine A. Tidgren (Apr. 16, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, New Resource: Workers’ Compensation Guide for Maryland Agricultural Employers, Nicole Cook (Apr. 14, 2025)

Agric. Law & Tax’n Blog, Recurring Tax and Legal Issues for Farmers and Ranchers, Roger A. McEowen (Apr. 13, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 16—Apr. 12, 2025): 

Department of Agriculture

55 Pa.B. 2855 Notice—Order: “Bureau of Ride and Measurement Standards”

Department of Environmental Protection

55 Pa.B. 2858 Notice—Applications: “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. 2950 Notice: “Growing Greener Plus Grants Program; Request for Applications”

55 Pa.B. 2953 Notice: “Water Resources Advisory Committee Meeting Cancellation”

55 Pa.B. 2953 Notice: “Watershed Planning and Restoration Grants Through the Section 319 Nonpoint Source Management Program; Request for Applications”

PENNSYLVANIA LEGISLATURE

HB 1241 “An Act amending the Auctioneer Licensing and Trading Assistant Registration Act (P.L.327, No.85), providing for horses sold at auction.” Referred to Agriculture & Rural Affairs. (Apr. 17, 2025)

HB 1208 “An Act amending The Clean Streams Law (P.L.1987, No. 394), in other pollutions and potential pollution, further providing for potential pollution.” Referred to Environmental & Natural Resource Protection. (Apr. 15, 2025)

HB 1201 “An Act amending the Milk Sanitation Law (P.L.589, No.210), further providing for raw milk and handling; and abrogating a regulation.” Referred to Agriculture & Rural Affairs. (Apr. 15, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASEAS

EPA Demands Answers from Unregulated Geoengineering Start-Up Launching Sulfur Dioxide into the Air (Apr. 15, 2025)

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Reiterates Importance of Those Who Can Work, Should Work While Receiving SNAP (Apr. 17, 2025)

USDA Cancels Biden Era Climate Slush Fund, Reprioritizes Existing Funding to Farmers (Apr. 14, 2025)

USDA Announces New Presidential Appointments (Apr. 14, 2025)

Agricultural Marketing Service

USDA Announces Grant Funding to Support the Production and Marketing of Bison and Bison Products (Apr. 16, 2025)

Farm Service Agency

USDA Announces 2025 Cotton Loan Rate Differentials (Apr. 15, 2025)

USDA Designates 4 New Jersey Counties as Natural Disaster Areas – 2 Contiguous Pennsylvania Counties Also Eligible for Assistance (Apr. 14, 2025)

Food and Nutrition Service

USDA Reiterates Importance of Those Who Can Work, Should Work While Receiving SNAP (Apr. 17, 2025)

Food Safety and Inspection Service

Salmonella Verification Testing: March 31, 2024 through March 29, 2025 (Apr. 18, 2025)

National Institute of Food and Agriculture

Eastern White Pine Health Issues (Apr. 14, 2025)

Natural Resources Conservation Service

New Hampshire Natural Resources Conservation Service Announces Additional EQIP Signup for Select Cheshire County Producers (Apr. 18, 2025)

Mid-April Forage Production Outlook and Predictions (Apr. 18, 2025)

USDA-NRCS Announces Financial Assistance to Landowners and Operators in the Lower Loup Natural Resources District (Apr. 17, 2025)

New to Farming? USDA Can Help (Apr. 17, 2025)

NRCS California Announces Initiatives for Wildlife and Water Conservation (Apr. 16, 2025)

USDA Offers Disaster Assistance to Agricultural Producers in Missouri Impacted by Recent Severe Weather, Tornadoes and Flooding (Apr. 14, 2025)

Risk Management Agency

Crop Insurance Deadline Nears for Summer Planted Crops, Annual Forage, and Forage Seeding (Apr. 18, 2025)

USDA Office of Inspector General

FNS SNAP: Disbursement of SNAP Benefits Using the EBT System (Apr. 14, 2025)

Prior OIG Audits Relevant to Trade Promotion Program Funding (Apr. 14, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register—Apr. 13–19, 2025):

Animal and Plant Health Inspection Service

90 FR 16493 Notice: “Notice of Availability of Final Programmatic Environmental Impact Statement for Outbreak Response Activities for Highly Pathogenic Avian Influenza Outbreaks in Poultry in the United States and U.S. Territories” (Apr. 18, 2025)

90 FR 15681 Notice: “Notice of Intent To Prepare an Environmental Impact Statement for Grizzly Bear Damage Management in Montana” (Apr. 15, 2025)

Foreign Agricultural Service

90 FR 15949 Notice: “Notice of Invocation of Special Agricultural Safeguard Measures Pursuant to the Uruguay Round Agreements Act” (Apr. 16, 2025)

Forest Service

90 FR 15535 Notice of Meeting: “Shasta County Resource Advisory Committee” (Apr. 14, 2025)

Environmental Protection Agency

90 FR 16524 Notice—Comment Period: “Availability of a Programmatic Environmental Assessment (PEA) and Finding of No Significant Impact (FONSI)” (Apr. 18, 2025)

90 FR 16524 Notice: “Environmental Impact Statements; Notice of Availability” (Apr. 18, 2025)

90 FR 16525 Notice: “Pesticide Registration Review; Interim Registration Decision for Dicrotophos; Notice of Availability” (Apr. 18, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.2949 “To establish a national task force to expand opportunities and improve the standard of living for working families in America.” Referred to the Committee on Education and Workforce, and in addition to the Committees on Financial Services, Ways and Means, Energy and Commerce, Transportation and Infrastructure, Oversight and Government Reform, and Agriculture. (Apr. 17, 2025)

H.R.2935 “To establish a Commission on the Federal Regulation of Cannabis to study a prompt and plausible pathway to the Federal regulation of cannabis, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services. (Apr. 17, 2025)

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

No current actions.

Agriculture-Related Legislative Hearings & Reports

No upcoming actions.

 

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