March 11, 2025

Agricultural Law Weekly Review—March 11, 2025

Water Quality: Supreme Court Holds ‘Generic Prohibitions’ Unauthorized by Clean Water Act  🌾
On March 4, 2025, the U.S. Supreme Court issued an opinion holding that the Clean Water Act (CWA) does not authorize the U.S. Environmental Protection Agency (EPA) to impose “generic prohibitions,” otherwise known as “end-result” provisions, in National Pollutant Discharge Elimination System (NPDES) permits. San Franscisco v. EPA, No. 21-7082. The majority reasoned that the plain meaning of the terms used in §1311(b)(1) of the CWA (“limitation,” “implement,” and “meet”) “suggest EPA must set specific rules permittees must follow to achieve water quality goals.” The majority held that “a limitation is a ‘restriction . . . imposed from without,’ not an end-result requirement leaving permittees to determine necessary steps.”  For background, see ALWR—June 4, 2024“Supreme Court to Hear Challenge to Clean Water Act ‘Generic Prohibitions.’”

Agribusiness: Treasury Announces Enforcement Suspension of Beneficial Ownership Reporting for U.S. Citizens, Companies
On March 2, 2025, the U.S. Treasury Department announced that it “not only will it not enforce any penalties or fines associated with the [Corporate Transparency Act’s] beneficial ownership information reporting rule under the existing regulatory deadlines, but it will further not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners after the forthcoming rule changes take effect either.” Additionally, the department stated that it will issue a proposed rule to limit “the scope of the rule to foreign reporting companies only.” See also ALWR—Mar. 4, 2025, “FinCEN Announces Pause on BOI Enforcement, Upcoming Interim Rule.” For more, see the following articles from National Agricultural Law Center Partners and agricultural educators:

Regulatory Policy: Merit Systems Protection Board Issues Stay Blocking Termination of 6,000 USDA Employees
On March 5, 2025, the U.S. Merit Systems Protection Board (MSPB), an “independent, quasi-judicial” Executive branch agency, issued a nonprecedential order granting a 45-day stay prohibiting the termination of approximately 5,950 probationary U.S. Department of Agriculture (USDA) employees “terminated since February 13, 2025, pursuant to letters stating: ‘The agency finds, based on your performance, that you have not demonstrated that your further employment at the agency would be in the public interest.’” Special Counsel Ex Rel. John Doe v. Department of Agriculture (CB-1208-25-0020-U-1). The stay, effective “through and including April 18, 2025,” was issued by MSPB member Cathy Harris, who, on March 4, 2025, was granted summary judgment, declaratory judgment, and a permanent injunction by the U.S. District Court for the District of Columbia against her recent removal from the MSPB prior to her term’s expiration. Harris V. Bessent et al, No. 1:25-cv-00412. The MSPB complaint was filed by the U.S. Office of Special Counsel on behalf of Mr. Doe, “a GS-5 Forestry Technician in the competitive service,” where “probationary employees . . . may only be terminated if their performance or conduct demonstrates that they are unfit for federal employment,” unless terminated “as part of a general restructuring or downsizing,” in which case, the agency “must initiate a reduction in force (RIF) and follow the relevant procedures.” The MSPB found “reasonable grounds to believe that the agency engaged in a prohibited personnel practice” because there were “reasonable grounds to believe that . . . [USDA] terminated probationary employees not to eliminate poor performers, but instead as part of a reorganization, which required the use of RIF procedures.”

Explore the Center’s newest Issue Tracker: Trump Administration’s First 100 Days on Agricultural and Food Policy

 

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Podcasts:

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:

Ohio St. Univ. Ext. Farm Off. Blog, Principles of Government: Executive Orders, Peggy Krik Hall (Mar. 4, 2025)

Southern Ag Today, Can Broiler Eggs Help Table Egg Prices?, Dennis Brothers—Alabama Cooperative Extension System (Mar. 4, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, How Inadequate Estate Planning Led to the Likely Sale of a Family Farm, Robert Moore (Mar. 6, 2025)

Southern Ag Today, Death And…, Andrew Branan—NC State Extension (Mar. 3, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Pennsylvania Partners with USDA Northeast Regional Food Business Center to Support Small and Mid-Sized Farms and Food Businesses (Mar. 4, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 10—Mar. 8, 2025): 

Department of Environmental Protection

55 Pa.B. 1930 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”

55 Pa.B. 2019 Notice: “Availability of Competitive Grants through the Reducing Industrial Sector Emissions in Pennsylvania (RISE PA) Program”

55 Pa.B. 2020 Notice: “Cleanup Standards Scientific Advisory Board Meeting Rescheduled”

55 Pa.B. 2020 Notice: “Interstate Pollution Transport Reduction: Proposed 2025 Ozone Season Nitrogen Oxide Emission Limits for Nonelectric Generating Units”

PENNSYLVANIA LEGISLATURE

SB 372 “An Act amending . . . the Alternative Energy Portfolio Standards Act, further providing for short title, for definitions and for alternative energy portfolio standards; providing for Zero Emissions Carbon Certificate Program, for solar photovoltaic technology requirements and for decarbonization; and establishing the ZEC Fund.” Referred to Consumer Protection & Professional Licensure (Mar. 6, 2025)

SB 386 “An Act amending . . . the Agricultural Land Acquisition by Aliens Law, further prohibiting certain entities from acquiring an interest in agricultural land; providing for investigation by Attorney General and for responsibilities of purchaser and Attorney General; further providing for forfeiture of lands; providing for real estate auction; and further providing for definitions.” Referred to Agriculture & Rural Affairs (Mar. 6, 2025)

HB 789 “An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, in Property Assessed Clean Energy Program, further providing for purpose, for definitions and for scope of work.” Referred to Environmental & Natural Resource Protection (Mar. 3, 2025)

HB 758 “An Act amending . . . as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for prohibited acts and penalties [‘Decriminalizing Cannabis’].” Referred to Judiciary (Mar. 3, 2025)

HB 761 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in inspection of vehicles, further providing for prohibition on expenditures for emission inspection program [‘Exempting Eligible Counties from Vehicle Emissions Testing’].” Referred to Transportation (Mar. 3, 2025)

HB 783 “An Act amending . . . the Unfair Trade Practices and Consumer Protection Law, further providing for definitions, for unlawful acts or practices and exclusions and for private actions [‘Prohibiting corporations from deceitful and manipulative practices known as greenwashing’].” Referred to Environmental & Natural Resource Protection (Mar. 3, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA Administrator Lee Zeldin Cancels 21 Additional Grants in 3rd Round of Cuts with DOGE, Saving Americans More than $116M (Mar. 4, 2025)

EPA Formally Refers Financial Mismanagement of $20B “Gold Bars” to Inspector General (Mar. 3, 2025)

EPA Administrator Zeldin Travels to Maryland, New Jersey, Pennsylvania (Mar. 3, 2025)

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

Secretary Rollins Surveys Fire and Hurricane Damage in Western North Carolina (Mar. 7, 2025)

Secretary Rollins Thanks President Trump for Trade Actions with Mexico and Canada (Mar. 6, 2025)

USDA Announces Approval of D-SNAP for Kentucky Disaster Areas (Mar. 5, 2025)

Secretary Rollins Previews Her Vision for Restoring Rural Prosperity (Mar. 4, 2025)

Secretary Rollins Delivers Remarks at Commodity Classic, Announces Next Steps for Economic Disaster Relief (Mar. 3, 2025)

Secretary Rollins Addresses Wildfires in the Carolinas (Mar. 3, 2025)

USDA AGENCY PRESS RELEASES:

Farm Service Agency

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Ice in Henderson County Kentucky (Mar. 7, 2025)

USDA Announces March 2025 Lending Rates for Agricultural Producers (Mar. 3, 2025)

Food and Nutrition Service

USDA Announces Approval of D-SNAP for Kentucky Disaster Areas (Mar. 3, 2025)

Food Safety and Inspection Service

Constituent Update – March 7, 2025 (Mar. 7, 2025)

Foreign Agricultural Service

Export Sales to Unknown Destinations (Mar. 6, 2025)

Export Sales to South Korea and Unknown Destinations (Mar. 4, 2025)

Export Sales to Mexico (Mar. 3, 2025)

Natural Resource Conservation Service  

Snowpack Conditions Reflect Typical La Niña Patterns (Mar. 6, 2025)

Maryland NRCS Extends Application Period for EQIP Activity Funding (Mar. 5, 2025)

March 28 Deadline for EQIP Disaster Assistance (Mar. 4, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register—Mar. 2, 2025–Mar. 8, 2025)):    

Foreign Agricultural Service

90 FR 11148 Notice: “Notice of Request for an Extension of a Currently Approved Information Collection” (Mar. 4, 2025)

Rural Housing Service

90 FR 11099 Final Rule—Correction: “Updating Manufactured Housing Provisions; Correction” (Mar. 4, 2025)

Environmental Protection Agency

90 FR 11539 Notice: “Environmental Impact Statements; Notice of Availability” (Mar. 7, 2025)

90 FR 11414 Notice: “The Hazardous Waste Electronic Manifest System Advisory Board: Request for Nominations” (Mar. 6, 2025)

90 FR 11218 Final Rule: “Deletion from the National Priorities List” (Mar. 5, 2025)

90 FR 11025 Final Rule—Amendment: “Hazardous Waste Management System; Identification and Listing of Hazardous Waste” (Mar. 3, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.1952 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend grants and fellowships for food and agricultural sciences education.” Referred to the House Committee on Agriculture. (Mar. 6, 2025)

H.R.1951 “To amend the Consolidated Farm and Rural Development Act to reauthorize rural cooperative development grants.” Referred to the House Committee on Agriculture. (Mar. 6, 2025)

H.R.1943 “To amend title 5, United States Code, to provide for special base rates of pay for wildland firefighters, and for other purposes.” Referred to the Committees on Oversight and Government Reform, Natural Resources, and Agriculture. (Mar. 6, 2025)

H.R.1923 “To provide for the implementation of certain recommendations from the Report of the Wildland Fire Mitigation and Management Commission.” Referred to the Committees on Natural Resources, Agriculture, Education and Workforce, Oversight and Government Reform, Armed Services, Energy and Commerce, Science, Space, and Technology, Transportation and Infrastructure, and Small Business. (Mar. 6, 2025)

H.R.1920 “To amend the Agricultural Foreign Investment Disclosure Act of 1978 to strengthen oversight over foreign investment in the United States agricultural industry, and for other purposes.” Referred to the Committees on Agriculture, Financial Services, Foreign Affairs, and Energy and Commerce. (Mar. 6, 2025)

H.R.1908 “To prohibit stock trading and ownership by Members of Congress and their spouses and dependent children, and for other purposes.” Referred to the Committees on Financial Services, Agriculture, House Administration, and Ways and Means. (Mar. 6, 2025)

H.R.1906 “To provide for the prioritization of projects that provide behavioral and mental health treatment services in selecting grantees under certain rural development programs and extend the substance abuse disorder set-aside and priority under the programs.” Referred to the House Committee on Agriculture. (Mar. 6, 2025)

H.R.1904 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish the Climate Scientific Research Advisory Committee and the Rural Climate Alliance Network, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 6, 2025)

H.R.471 “Fix Our Forests Act” Senate—Committee on Agriculture, Nutrition, and Forestry Subcommittee on Conservation, Forestry, Natural Resources, and Biotechnology. Hearings held. (Mar. 6, 2025)

H.R.1858 “To amend the Agricultural Credit Act of 1978 with respect to the emergency watershed program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 5, 2025)

H.R.1854 “To require the Natural Resources Conservation Service to review the national conservation practice standards, taking into consideration climate benefits, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 5, 2025)

H.R.1853 “To require a study of the barriers to conservation practice adoption on leased agricultural land, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 5, 2025)

H.R.1820 “To address the public safety issues and environmental destruction currently impacting Federal lands along the southern border, enhance border security through the construction of navigable roads on Federal lands along the southern border, provide U.S. Customs and Border Protection access to Federal lands to improve the safety and effectiveness of enforcement activities, allow States to place temporary barriers on Federal land to secure the southern border, reduce the massive trash accumulations and environmental degradation along the southern border, reduce the cultivation of illegal cannabis on Federal lands, mitigate wildland fires caused by illegal immigration, and prohibit migrant housing on Federal lands.” Referred to the Subcommittee on Federal Lands. (Mar. 5, 2025)

H.R.1838 “To amend the Rural Electrification Act of 1936 to improve access to broadband telecommunications services in rural areas, including by encouraging the provision of broadband loans and grants to increase broadband service in rural ports, and for other purposes.” Referred to the Committees on Agriculture and Energy and Commerce. (Mar. 4, 2025)

H.R.1834 “To advance policy priorities that will break the gridlock.” Referred to the Committees on Armed Services, Natural Resources, House Administration, Transportation and Infrastructure, Agriculture, Science, Space, and Technology, Education and Workforce, Foreign Affairs, Intelligence (Permanent Select), Small Business, the Judiciary, Homeland Security, Financial Services, Veterans’ Affairs, Ways and Means, Rules, Ethics, Energy and Commerce, the Budget, Oversight and Government Reform. (Mar. 4, 2025)

H.R.1802 “To prohibit the use of animals in federally funded research, promote the adoption of humane and scientifically advanced alternatives, and ensure the ethical rehoming of retired research animals, and for other purposes.” Referred to the Committees on Science, Space, and Technology, Energy and Commerce, Agriculture, and Rules. (Mar. 3, 2025)

H.R.1782 “To amend the Food, Conservation, and Energy Act of 2008 to provide families year-round access to nutrition incentives under the Gus Schumacher Nutrition Incentive Program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 3, 2025)

H.R.1781 “To repeal certain executive orders.” Referred to the Committees on Energy and Commerce, Foreign Affairs, Natural Resources, Ways and Means, Oversight and Government Reform, Agriculture, Armed Services, Financial Services, and Transportation and Infrastructure. (Mar. 3, 2025)

H.R.1762 “To amend the Department of Agriculture Reorganization Act of 1994 to provide that the President shall appoint, by and with the advice and consent of the Senate, the Chief of the Forest Service.” Referred to the House Committee on Agriculture. (Feb. 27, 2025)

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

S.908 “A bill to require the Secretary of Agriculture, in consultation with the United States Trade Representative, to develop and finalize a vaccination strategy for poultry.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 6, 2025)

S.904 “A bill to improve disaster assistance programs of the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S1607-1609) (Mar. 6, 2025)

S.899 “A bill to amend the Consolidated Farm and Rural Development Act to modify limitations on amounts of farm ownership loans and operating loans, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 6, 2025)

S.886 “A bill to amend the Agricultural Foreign Investment Disclosure Act of 1978 to strengthen oversight over foreign investment in the United States agricultural industry, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 6, 2025)

S.845 “A bill to amend the Agricultural Foreign Investment Disclosure Act of 1978 to remove the limitation on the amount of a civil penalty, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 4, 2025)

S.835 “A bill to amend the Agricultural Marketing Act of 1946 to establish a voluntary program to reduce food loss and waste, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S1498-1499) (Mar. 4, 2025)

S.813 “A bill to amend the Food, Conservation, and Energy Act of 2008 to provide families year-round access to nutrition incentives under the Gus Schumacher Nutrition Incentive Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 3, 2025)

Agriculture-Related Legislative Hearings & Reports

Senate Agriculture, Nutrition, and Forestry “Hearings to examine risk management, credit, and rural business views on the agricultural economy, focusing on views from the field.” (Mar. 11, 2025, 2:30 PM)

 

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