March 18, 2025

Agricultural Law Weekly Review—March 18, 2025

Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees 🌾
On March 17, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order denying an administrative stay and upholding the district court’s preliminary injunction, which ordered the reinstatement of probationary employees at several federal agencies, including the U.S. Department of Agriculture (USDA). Am. Federation Gov. Empl., AFL-CIO v. U.S. Office of Personnel Management, No. 25-1677 (N.D. Ca. 3:25-cv-01780). The Ninth Circuit stated, “Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo ante, an administrative stay of the district court’s order would not preserve the status quo. It would do just the opposite—it would disrupt the status quo and turn it on its head.” Previously, on March 11, 2025, USDA issued a statement in response to the Merit Systems Protection Board’s stay of the agency’s termination of nearly 6,000 employees, stating that, “by Wednesday, March 12, the Department will place all terminated probationary employees in pay status and provide each with back pay, from the date of termination.” USDA further stated that the agency “will work quickly to develop a phased plan for return-to-duty,” noting that “while those plans materialize, all probationary employees will be paid.” See also ALWR – March 11, 2025, “Regulatory Policy: Merit Systems Protection Board Issues Stay Blocking Termination of 6,000 USDA Employees.”  

Regulatory Policy: CEQ Publishes Rule Removing NEPA Regulations
On February 25, 2025, the Council on Environmental Quality (CEQ) published in the Federal Register an interim final rule (90 FR 10610) removing CEQ’s “regulations implementing the National Environmental Policy Act [NEPA] from the Code of Federal Regulations.” According to the rule, CEQ’s removal of its NEPA regulations is in response to the January 20, 2025 Executive Order titled “Unleashing American Energy” (E.O. 14154), which rescinded a 1977 executive order (E.O. 11991) that “directed CEQ to promulgate regulations for implementing NEPA and required Federal agencies to comply with those regulations.” Additionally, two federal district courts have recently found that CEQ lacks rulemaking authority, although the final rule states that E.O. 14154’s recission of the 1977 E.O. “is an independent and sufficient reason for CEQ’s interim final rule removing its NEPA implementing regulations from the Code of Federal Regulations” (See ALWR—Feb. 25, 2025, “Second Federal Court Finds CEQ Lacks Rulemaking Authority” and ALWR—Jan. 7, 2025, “D.C. Circuit Finds CEQ Has No Statutory Rulemaking Authority”). The interim final rule is open for public comment until March 27, 2025. For more on this topic, see National Agricultural Law Center article, “CEQ Rescinds All NEPA Implementing Regulations,” Brigit Rollins (Mar. 4, 2025).

Biotechnology: South Dakota Passes Bill Prohibiting State Funding for Cultivated Meat
On February 27, 2025, South Dakota Governor Larry Rhoden signed into law HB 1118 (PDF), which prohibits the use of state funding to support the “research, production, promotion, or the sale or distribution of cell-cultured protein.” The law defines “cell-cultured protein” as “a product produced for use as human food, made wholly or in part from any cell culture or the DNA of a host animal, and grown or cultivated outside a live animal.” The law follows the February 11, 2025, enactment of HB 1022, which prohibits “the misbranding of any cell-cultured protein product.” See also ALWR—Feb. 25, 2025,“South Dakota Passes Bill Prohibiting ‘Misbranding’ of Cell-Cultured Protein Foods.” For more, see the Center’s Cell-Cultured Food Regulations Issue Tracker.

Avian Influenza: USDA Reopens Comment Period for HPAI Indemnity Compensation Rule
On March 14, 2025, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register in interim rule (90 FR 12105) reopening the comment period for the agency’s interim final rule, “Payment of Indemnity and Compensation for Highly Pathogenic Avian Influenza” (89 FR 106981), published on December 31, 2024. The new comment period is open until April 14, 2025. For more, see ALWR—Jan. 7, 2025, “USDA Requires Biosecurity Audit After HPAI Infections for Indemnity Eligibility.” See also materials from Understanding the Basics of Animal Disease Control & Quarantines.   

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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:

Nat’l Agric. Law Ctr., Soil for Sale? State Legislative Efforts to Restrict Foreign Investments—Part Five (Mar. 14, 2025)

Nat’l Agric. Law Ctr., Excluding ‘Junk’ Food from SNAP Benefits, Emily Stone (Mar. 11, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, The Beginner’s Guide to Farmland Ownership, Robert Moore (Mar. 14, 2025)

Southern Ag Today, Why Are Cooperatives Prominent in U.S. Agriculture?, Phil Kenkel (Ohio St. Extension) (Mar. 14, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Ohio Legislators Introduce Carbon Capture and Storage Bills, Peggy Kirk Hall (Mar. 13, 2025)

Tex. A&M Agric. Law Blog, Understanding Carbon Offsets and Insets in Agriculture, Tiffany Dowell (Mar. 10, 2025)

Agric. Law & Tax’n Blog, Agriculture’s Irrigation Return Flow Exemption, Roger A. McEowen (Mar. 14, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration Invests $500,000 to Support Urban Farmers, Increase Availability of Fresh Food in Cities Across Pennsylvania (Mar. 10, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 11: Mar. 15, 2025)

Department of Environmental Protection

55 Pa.B. 2101 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. 2204 Notice: “Bid Opportunity . . . Abandoned Mine Reclamation Project, Saint Boniface West, Elder Township, Cambria County.”

55 Pa.B. 2232 Notice: “Environmental Assessment Approvals for PENNVEST Funding Consideration”

55 Pa.B. 2204 Notice: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

PENNSYLVANIA LEGISLATURE

HB 177 “An Act providing for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania’s dairy industry; authorizing expenditures; providing for tax exemptions, tax deductions, tax abatements and tax credits; creating additional obligations of the Commonwealth and local governmental units; prescribing powers and duties of certain State and local departments, agencies and officials; and imposing penalties.” Referred to Agriculture & Rural Affairs (Mar. 10, 2025)

HB 179 “An Act authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.” Referred to Agriculture & Rural Affairs (Mar. 10, 2025)

HB 903 “An Act prohibiting the employment of unauthorized employees; requiring meat packing and food preparation industry employers to verify the Social Security numbers of employees; imposing duties on the Department of Labor and Industry; and imposing penalties.” Referred to Labor & Industry (Mar. 13, 2025)

HB 406 “An Act providing for regulation of the meat packing and food processing industry by creating facility health and safety committees in the workplace; establishing the industry workers’ rights coordinator within the Department of Labor and Industry; and imposing penalties.” Referred to Labor & Industry (Mar. 10, 2025)

HB 870 “An Act amending . . . the Storm Water Management Act, further providing for watershed storm water plans and contents [Roadmaster Stormwater Plan Legislation].” Referred to Environmental & Natural Resource Protection (Mar. 11, 2025)

HB 872 “An Act amending . . . the Storm Water Management Act, further providing for watershed storm water plans and contents [Watershed Storm Water Management Plan Exemption – Municipalities with No Public Water or Sewer System].” Referred to Environmental & Natural Resource Protection (Mar. 11, 2025)

HB 871 “An Act amending . . . The Clean Streams Law, in other pollutions and potential pollution, providing for notice of discharge endangering public health or environment.” Referred to Environmental & Natural Resource Protection (Mar. 11, 2025)

HB 873 “An Act providing for an erosion and sediment control permit, for compliance, for annual report and for duties of the Department of Environmental Protection.” Referred to Environmental & Natural Resource Protection (Mar. 11, 2025)

HB 874 “An Act amending . . .  the Pennsylvania Safe Drinking Water Act, further providing for definitions and for variances and exemptions.” Referred to Environmental & Natural Resource Protection (Mar. 11, 2025)

HB 861 “An Act amending . . . The Fiscal Code, in additional special funds and restricted accounts, further providing for distributions from Pennsylvania Race Horse Development Fund.” Referred to Agriculture & Rural Affairs (Mar. 11, 2025)

HB 847 “An Act amending . . . the Pennsylvania Safe Drinking Water Act, further providing for penalties and remedies.” Referred to Environmental & Natural Resource Protection (Mar. 10, 2025)

HB 879 “An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, providing for concurrent jurisdiction to prosecute [Animal Welfare Cooperation Act].” Referred to Judiciary (Mar. 11, 2025)

HB 848 “An Act amending . . .  the Solid Waste Management Act, in enforcement and remedies, providing for criminal proceedings [Empowering Attorney General to Prosecute Environmental Crimes].” Referred to Environmental & Natural Resource Protection (Mar. 10, 2025)

HB 850 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, providing for hydraulic fracturing fluid tracer.” Referred to Environmental & Natural Resource Protection (Mar. 10, 2025)

HB 898 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in weights and measures, providing for automotive fuel and diesel fuel tax transparency; and imposing duties on the Department of Agriculture.” Referred to Agriculture & Rural Affairs (Mar. 13, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

Top EPA Regional Official Visits Farms to Mark Connection Between EPA Priorities and Farming (Mar. 14, 2025)

EPA Terminates Biden’s Environmental Justice, DEI Arms of Agency (Mar. 12, 2025)

Administrator Zeldin Announces EPA Will Revise Waters of the United States Rule (Mar. 12, 2025)

Trump EPA Announces Reconsideration of Burdensome Greenhouse Gas Reporting Program (Mar. 12, 2025)

Trump EPA Kicks Off Formal Reconsideration of Endangerment Finding with Agency Partners (Mar. 12, 2025)

EPA Announces Action to Address Costly Obama, Biden “Climate” Measurements (Social Cost of Carbon) (Mar. 12, 2025)

Administrator Zeldin Takes Action to Prioritize Cooperative Federalism, Improve Air Quality Faster (Mar. 12, 2025)

EPA Helps NJ and NY Businesses and Municipalities Meet Environmental Goals (Mar. 12, 2025)

Administrator Zeldin Directs Enforcement Resources to Align with Executive Orders and EPA’s Core Mission (Mar. 12, 2025)

EPA Announces Reconsideration of the Risk Management Plan to Boost Safety, Competitiveness of American Businesses (Mar. 12, 2025)

Trump EPA Takes Action to Lower Costs for American Families at the Grocery Store by Reconsidering Burdensome Technology Transition Rule (Mar. 12, 2025)

EPA to Accept Nominations for Science Boards (Mar. 12, 2025)

EPA Launches Biggest Deregulatory Action in U.S. History (Mar. 12, 2025)

EPA Announces Path Forward on Chemical Reviews to Protect Public Health, Increase Efficiency and Follow the Law (Mar. 10, 2025)

EPA Administrator Lee Zeldin Cancels 400+ Grants in 4th Round of Cuts with DOGE, Saving Americans More than $1.7B (Mar. 10, 2025)

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

Secretary Rollins Applauds President Trump and Republican Leadership for Passage of Continuing Resolution (Mar. 14, 2025)

Secretary Brooke Rollins Takes Bold Action in First 30 Days at USDA (Mar. 13, 2025)

USDA Announces Approval of D-SNAP for West Virginia Disaster Areas (Mar. 13, 2025)

Secretary Rollins Engages with Georgia Agriculture Community and State Leadership (Mar. 12, 2025)

USDA, HHS Share Update on Dietary Guidelines for Americans Process (Mar. 11, 2025)

USDA Status Update on Probationary Employees (Mar. 11, 2025)

USDA AGENCY PRESS RELEASES:

Animal and Plant Health Inspection Service

APHIS Reopens Comment Period for Interim Final Rule Updating Indemnity Program for Highly Pathogenic Avian Influenza on Poultry Farms (Mar. 13, 2025)

Farm Service Agency

Loan Deficiency Payments Now Available for Cotton Producers in Virginia (Mar. 13, 2025)
USDA Announces 2025 Marketing Assistance Loan Rates for Wheat, Feed Grains, Oilseeds and Rice (Mar. 13, 2025)

Food and Nutrition Service

USDA Announces Approval of D-SNAP for West Virginia Disaster Areas (Mar. 13, 2025)

USDA, HHS Share Update on Dietary Guidelines for Americans Process (Mar. 12, 2025)

Foreign Agricultural Service

Export Sales to Unknown Destinations (Mar. 14, 2025)

Export Sales to Japan and Unknown Destinations (Mar. 10, 2025)

Natural Resource Conservation Service  

NRCS Helps Residents Grow Food Security in Alaska (Mar. 14, 2025)

NRCS seeks new priority watersheds for two initiatives (Mar. 12, 2025)

NRCS Issues Call for Proposals for New EQIP-WaterSMART Initiative Priority Areas (Mar. 10, 2025)

Office of Inspector General

Prior OIG Engagements Relevant to the Farm Production and Conservation Agencies’ Disaster Relief Supplemental Appropriations Funding (Mar. 11, 2025)

OIG Oversight Plan American Relief Act Funding (Mar. 7, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: Mar. 9–14, 2025)

Animal and Plant Health Inspection Service

90 FR 12105 Interim Rule—Comment Period: “Payment of Indemnity and Compensation for Highly Pathogenic Avian Influenza; Reopening of Comment Period” (Mar. 14, 2025)

Food and Nutrition Service

90 FR 11938 Notice: “Child Nutrition Programs: Income Eligibility Guidelines” (Mar. 13, 2025)

90 FR 11597 Notice: “Summer Electronic Benefits Transfer for Children Program; 2025 Benefit Levels” (Mar. 10, 2025)

90 FR 11598 Notice: “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): 2025/2026 Income Eligibility Guidelines” (Mar. 10, 2025)

Food Safety and Inspection Service

90 FR 11699 Notice: “Retail Exemptions Adjusted Dollar Limitations” (Mar. 11, 2025)

Forest Service

90 FR 11939 Notice—Withdrawal: “Idaho Panhandle National Forest; Idaho; Idaho Panhandle National Forest Noxious Weed Treatment Project; Withdrawal” (Mar. 13, 2025)

U.S. Codex Office

90 FR 11596 Notice—Request for Comments: “Codex Alimentarius Commission: Meeting of the Codex Committee on Methods and Analysis and Sampling” (Mar. 10, 2025)

Environmental Protection Agency

90 FR 12158 Notice: “Environmental Impact Statements; Notice of Availability” (Mar. 14, 2025)

90 FR 12109 Final Rule: “Renewable Fuel Standard (RFS) Program: Extension of 2024 Compliance Reporting Deadline” (Mar. 14, 2025)

90 FR 11966 Notice: “Order Denying Petition to Set Aside Consent Agreement and Proposed Final Order [Clean Water Act]” (Mar. 13, 2025)

90 FR 11670 Final Rule: “Metamitron; Pesticide Tolerances” (Mar. 11, 2025)

90 FR 11688 Proposed Rule—Comment Period: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 2024)” (Mar. 11, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.2091 “To provide for the conservation of the Chesapeake Bay, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 11, 2025)

H.R.2084 “To require the Agricultural Research Service to conduct research relating to the exposure of wine grapes to wildfire smoke, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 11, 2025)

H.R.2043 “To increase the reference prices for certain commodities, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 11, 2025)

H.R.2026 “To mitigate environmental degradation and wildland fires caused by illegal immigration along the southern border of the United States, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture. (Mar. 11, 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 . . . .” Subcommittee Hearings Held (Mar. 11, 2025)

H.R.1995 “To direct the Secretary of Agriculture to publish, on an annual basis, an assessment on United States dependency on critical agricultural products or inputs from the People’s Republic of China, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 10, 2025)

H.R.1994 “To promote the development of renewable energy on public lands, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture. (Mar. 10, 2025)

H.R.1991 “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.” Referred to the House Committee on Agriculture. (Mar. 10, 2025)

H.R.1985 “To enhance the participation of precision agriculture in the United States, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 10, 20250

H.R.1110 “Grazing for Wildfire Risk Reduction Act.” Referred to the Subcommittee on Forestry and Horticulture. (Mar. 7, 2025)

H.R.1063 “Farm Credit Administration Independent Authority Act.” Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit. (Mar. 7, 2025)

H.R.1011 “Emergency Conservation Program Improvement Act of 2025.” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (Mar. 7, 2025)

H.R.956 “Aerial Firefighting Enhancement Act of 2025.” Referred to the Subcommittee on Forestry and Horticulture. (Mar. 7, 2025)

H.R.743 “Tim’s Act.” Referred to the Subcommittee on Forestry and Horticulture. (Mar. 7, 2025)

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

S.1061 “A bill 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 13, 2025)

S.1050 “A bill to amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish a Forest Conservation Easement Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 13, 2025)

S.1042 “A bill to require the Agricultural Research Service to conduct research relating to wildfire smoke exposure on wine grapes, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S1745) (Mar. 13, 2025)

S.1029 “A bill to require the Secretary of Agriculture to expand the snow survey and water supply forecasting program to serve the Northeastern United States.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 13, 2025)

S.1021 “A bill to amend the Food and Nutrition Act of 2008 to establish a dairy nutrition incentive program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 13, 2025)

S.1019 “A bill to amend the Consolidated Farm and Rural Development Act to establish an emergency preparedness and response technical assistance program to assist entities that operate rural water or wastewater systems in preparing for and responding to natural or manmade disasters.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 13, 2025)

S.1018 “A bill to amend the Consolidated Farm and Rural Development Act to establish a cybersecurity circuit rider program to provide cybersecurity-related technical assistance to certain entities that operate rural water or wastewater systems.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 13, 2025)

S.1012 “A bill to increase oversight of foreign direct investment in agricultural land in the United States, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 12, 2025)

S.993 “A bill to require the Secretary of Agriculture to cancel existing school meal debt, to expand the authority of the Commodity Credit Corporation for use in nutrition assistance programming, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 12, 2025)

S.984 “A bill to amend the Food Security Act of 1985 to establish an exception to certain payment limitations in the case of person or legal entity that derives income from agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S1706) (Mar. 12, 2025)

S.971 “A bill to provide for the conservation of the Chesapeake Bay, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 11, 2025)

S.912 “A bill to direct the Secretary of Agriculture to publish, on an annual basis, an assessment of United States dependency on critical agricultural products or inputs from the People’s Republic of China, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 10, 2025)

S.910 “A bill to require the Secretary of Agriculture to establish a pilot program to implement a pre-qualification or pre-approval process for farmers and ranchers with respect to a direct farm ownership loan under the Consolidated Farm and Rural Development Act, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 10, 2025)

 

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