October 21, 2025

Agricultural Law Weekly Review—October 21, 2025

Next Week:

Tues. Oct. 28: AgWorks: Legal Authority to Work in the U.S. and Other Pre-Employment Screening Processes

Fri. Oct. 31: Understanding Immigration Compliance: I-9s, Audits and ICE Raids (FREE Attorney CLE!)

Water Quality: Maryland Announces Conowingo Dam Settlement Agreement 🌾
On October 2, 2025, Maryland Department of the Environment (MDE), Lower Susquehanna Riverkeeper Association, Waterkeepers Chesapeake, and Constellation Energy announced a settlement agreement with Constellation Energy to “fund and implement operational improvements and environmental projects at the Conowingo Dam.” The settlement agreement is part of a revised Water Quality Certification, also issued by MDE. According to MDE’s announcement, the Conowingo Hydroelectric Project agreement, which is “valued at more than $340 million,” will allow for re-licensing and continued operation of the dam and “include[s] operational improvements and upfront and ongoing annual payments.” See also ALWR—Jan. 9, 2023, “D.C. Circuit Court Vacates and Remands Conowingo Dam License” and ALWR—June 12, 2023, “Maryland Resumes Conowingo Dam Water Quality Certification After Settlement and Dam Relicensing Vacated.”

Water Quality: Federal Court Dismisses Case Seeking EPA PFAS Regulation Under Clean Water Act
On September 29, 2025, the U.S. District Court for the District of Columbia issued an opinion dismissing a case seeking to compel the U.S. Environmental Protection Agency (EPA) to regulate sewage sludge under the Clean Water Act (CWA) and the Administrative Procedure Act (APA). Farmer v. U.S. Environmental Protection Agency, No. 1:24-cv-01654. The plaintiffs alleged that EPA failed to identify certain per- and polyfluoroalkyl substances (PFAS) as present in sewage sludge or regulate certain PFAS listed in earlier agency reports and that, under the APA, EPA’s inactions were “arbitrary and capricious” and “unlawfully withheld or unreasonably delayed actions.” The court dismissed the claims, stating, “Although the plain language of the CWA imposes a non-discretionary duty on EPA to review its regulations on a biennial basis, it does not mandate that EPA also identify and regulate sewage-sludge pollutants within the same time frame” (emphasis in original).  The court further determined that “neither the Biennial Report nor EPA’s failure to list pollutants in that report constitutes a final agency action subject to APA review.” See also Brigit Rollins, Court Dismisses PFAS Case Brought by Farmers Against EPA, Nat’l Agric. Law Ctr., (October 14, 2025).

Animal Welfare: First Circuit Holds Massachusetts Question 3 Constitutional, Not Preempted by Federal Law
On October 3, 2025, the U.S. Court of Appeals for the First Circuit issued an opinion affirming the district court’s grant of summary judgment, ruling that the Massachusetts Act to Prevent Cruelty to Farm Animals (Question 3), which prohibits the in-state sale “of pork products derived from pigs who were confined in gestation crates,” does not violate the dormant Commerce Clause. Triumph Foods, LLC v. Campbell, No. 24-1759. The court held that the law did not “intentional[ly] discriminat[e] against interstate commerce” or place “a substantial burden on interstate commerce,” stating, “[A] neutral law that regulates even-handedly by treating interstate and intrastate commerce the same does not discriminate against interstate commerce simply because it affects more out-of-state businesses than in-state ones.” Additionally, the court found that the Massachusetts law is not preempted by the Federal Meat Inspection Act (FMIA) because it “regulates pork production, rather than pork inspection,” stating, “The FMIA regulates only the latter and Congress has yet to adopt any statute that might displace laws regulating pork production.” See also ALWR—Aug. 21, 2024, “Federal Court Finds Massachusetts’ Question 3 Not Preempted by Federal Meat Inspection Act.” 

Animal Welfare: Triumph Foods Files Complaint Alleging California’s Proposition 12 Preempted by Federal Law
On September 23, 2025, Triumph Foods filed in the U.S. District Court for the District of Central California a complaint alleging California’s Proposition 12 is preempted by the Federal Meat Inspection Act (FMIA), which “preempts ‘marking, labeling, packaging, or ingredient requirements in addition to, or different than, those’ imposed under the FMIA,” and seeking a permanent injunction against the law. Triumph Foods, LLC v. Rob Bonta, No. 2:25-cv-09063. Among numerous claims, Triumph alleges that “because of California’s stated purpose that Proposition 12’s purpose is to intervene to ‘protect the health and safety of California consumers’ and prevent the ‘increased risk of foodborne illness,’ when forcing FMIA regulated establishments to label the accompanying documents, “Not Prop 12 Compliant” [for transshipped pork products], it is directly interfering with the USDA’s message that the pork is inspected and approved, and healthy for consumption.” In 2023, the U.S. Supreme Court issued an opinion upholding Prop 12 under the U.S. Constitution’s Commerce Clause. See also ALWR—July 22, 2025, “DOJ Files Complaint Alleging California’s Proposition 12 Preempted by Federal Law.”

Biosecurity: Federal Court Denies USDA Motion to Dismiss Electronic Eartag Challenge, Case to Proceed
On September 30, 2025, the U.S. District Court for the District of South Dakota issued an order denying the U.S. Department of Agriculture’s (USDA) motion to dismiss a complaint filed by several cattle rancher interest groups challenging USDA’s 2024 final rule requiring electronic identification (EID) eartags for cattle and bison. R-CALF United Stockgrowers Amer. v. U.S. Dep’t Agric., No. 5:24-cv-05085. The court found that the cattle rancher plaintiffs demonstrated standing to challenge the rule, stating that “the Final Rule requires them to now buy visually readable EID eartags, which are more expensive than the previous metal tags, to continue operating as they have for years . . . . Plaintiffs’ injury is no doubt traceable to the Defendants’ Final Rule that requires animals in interstate movement to wear visually readable EID tags for official identification, as opposed to the previous metal eartags.” Although court dismissed plaintiffs’ “in excess of statutory jurisdiction” claim, the court found that they had properly pled an Administrative Procedure Act “arbitrary and capricious” claim, stating that USDA’s “interpretation of [the Animal Health Protection Act (7 U.S.C.§ 8305)] is not entitled to deference and the Court must exercise its independent judgment in deciding whether an agency has acted within its statutory authority.” The case will now proceed towards summary judgment upon filing by the parties. See also ALWR—Nov. 5, 2024,“Electronic Eartag Rule Effective November 5, 2024, Cattle Groups Seek Injunction.” 

Food Policy: California Passes Bill to Define ‘Ultraprocessed Foods,’ Restrict from School Meals
On October 8, 2025, California Governor Gavin Newsom, signed into law AB 1264 (PDF), the “Real Food, Healthy Kids Act,” which directs the California Department of Public Health (CDPH) to adopt regulations to define “ultraprocessed foods of concern” and “restricted school foods” as specified in the bill on or before June 1, 2028. Also announced by the governor, the law requires CDPH, when developing the definitions, to consider “whether, based on reputable peer-reviewed scientific evidence, a substance or group  of substances are linked to health harms or adverse health consequences.” Additionally, the law requires schools “to begin to phase out restricted school foods and ultraprocessed foods of concern by no later than July 1, 2029” and, starting July 1, 2032, the law prohibits “vendor[s] from offering restricted school foods and ultraprocessed foods of concern to a school.”

Food Policy: Texas Publishes Rules Implementing ‘Healthy Living’ Law Warning Label Requirement
On September 26, 2025 the Texas Department of State Health Services published in the Texas Register proposed rules to implement Texas S.B. 25, which requires foods sold in-state to bear a warning label if they contain artificial color, additives, or certain ingredients identified in the law. Under the rules, the warning label must 1) state “WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom,” 2) “be printed in a font size not smaller than the smallest font used to disclose other consumer information required by the FDA,” 3) “be placed in a prominent and reasonably visible location,” and 4) “have sufficiently high contrast with the immediate background to ensure the warning is likely to be seen and understood by the ordinary individual under customary conditions of purchase and use.” Online food retailers must post a legible statement on their website or display pictures of the required label. The rules would apply to “food product labels developed or copyrighted on or after January 1, 2027.” The rules are available for written public comment until October 27, 2025. See also ALWR—July 22, 2025, “Texas Passes Bill to ‘Promote Healthy Living,’ Require Warning Labels for 44 Ingredients.” 

Food Policy: Walmart Announces Plan to Eliminate Synthetic Dyes in Private Brand Food Products
On October 1, 2025, Walmart Inc. announced (PDF) that the company “is removing synthetic dyes and more than 30 other ingredients—like certain preservatives, artificial sweeteners and fat substitutes—from its U.S. private brand foods, including Great Value, Marketside, Freshness Guaranteed and bettergoods.” According to the announcement, the company will remove 11 synthetic dyes from all of its private brand food products: FD&C Blue 1, FD&C Blue 2, FD&C Green 3, FD&C Red 3, FD&C Red 4, FD&C Red 40, FD&C Yellow 5, FD&C Yellow 6, FD&C Citrus Red, FD&C Orange B, and Canthaxanthin. Walmart states that it “is working with private brand suppliers to adjust formulations and source alternative ingredients” and that “customers will begin to see the reformulated products rolling out over the coming months, with longer lead time changes planned to wrap up by January 2027 at the latest.” See also ALWR—Apr. 29, 2025,“FDA Announces Measures to Eliminate Food Dyes, IDFA Announces Pledge to Remove Dyes from School Lunch Dairy Products,” ALWR—Aug. 19, 2025, “Texas Announces ‘Assurance of Voluntary Compliance’ with Kellogg to Remove Artificial Dyes from Cereals” and ALWR—Sept. 30, 2025, “FDA Publishes Proposed Rule to Remove Orange B for Frankfurters, Sausages.”

Food Policy: Color Additive Group Files Complaint Against West Virginia Law Prohibiting Food Dyes
On October 6, 2025, the International Association of Color Manufacturers (IACM) filed in the U.S. District Court for the Southern District of West Virginia a complaint seeking injunctive and declaratory relief regarding West Virginia’s HB 2354, which prohibits the in-state sale of food products containing synthetic dyes. Int’l Assoc. Color Manufacturers v. Singh, No. 2:25-cv-00588. The complaint alleges that the law “violates the equal protection guarantees under the U.S. and West Virginia Constitutions” “[b]y expressly naming and prohibiting the targeted color additives”—which the plaintiffs state were “evaluated and certified as safe decades ago” by the U.S. Food and Drug Administration—“without any rational basis for finding that they are, in fact, unsafe in any way.” The plaintiffs claim that the law “operates as an unconstitutional bill of attainder” because it punishes “manufacturers of products which utilize . . . color additives, without due process” or “the opportunity to defend the safety of the targeted color additives.” See also ALWR—Apr. 1, 2025, “West Virginia Passes Law Prohibiting Food Dyes in School Meals, In-State Sales.”  

Regulatory Policy: Council on Environmental Quality Publishes NEPA Implementing Procedures Guidance
On October 2, 2025, the Council on Environmental Quality (CEQ) published in the Federal Register a notice (90 FR 47734) announcing the publication of a guidance memorandum (PDF) for heads of federal departments and agencies on implementation of the National Environmental Policy Act (NEPA). The memorandum directs agencies to revise their NEPA implementing procedures or establish NEPA procedures if none exist consistent with the statute (42 U.S.C. § 4321 et seq), E.O. 14154 of January 20, 2025 “Unleashing American Energy,” and case law, namely Seven County Infrastructure Coalition v. Eagle County, Colorado, decided by the Supreme Court on May 29, 2025. The memorandum also outlines CEQ’s consulting process for establishing or revising NEPA implementing procedures and CEQ’s submission requirements. Additionally, CEQ published an appendix document titled “Agency NEPA Procedures Template.” See also ALWR—July 8, 2025, “USDA Publishes Interim Rule to Rescind NEPA Regulations” and ALWR—Mar. 18, 2025, “CEQ Publishes Rule Removing NEPA Regulations.” 

Pesticides/Herbicides: EPA Announces Operational, Training Gaps Reports for Office of Pesticide Programs
On October 9, 2025, the U.S. Environmental Protection Agency (EPA) announced the publication of two EPA program evaluations: an operational performance report, which evaluates EPA’s Office of Pesticide Programs (OPP), and a training gaps report, which “evaluates OPP’s training and education gaps to support implementation of the Pesticide Registration Improvement Act.” According to the announcement, challenges identified in the operational performance report include “topics such as data quality, underutilized tools, process fragmentation, and knowledge gaps,” while challenges identified in the training gaps report “include difficulty locating training materials, limited cross-divisional understanding, and inconsistent workflow management.” EPA states that one of its “top priorities is reducing the backlog of pesticide regulatory actions pending review” and that the agency “is reviewing the reports to consider how to best implement the recommendations.”

 

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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:

Oct. 31, 2025, Understanding Immigration Compliance: I-9s, Audits and ICE Raids

Nov. 21, 2025, Understanding the Basics of Cell Cultured Foods & Labeling Laws

Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application

Jan. 23, 2026, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law

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:

Jan. 13, 2026, 4th Quarter 2025 Quarterly Dairy Legal Webinar

Mid-Atlantic Ag & Resource Law Conference with WVU Extension—October 28–29, 2025. In-person at National Conservation Training Center, Shepherdstown, WV. Registration Available.

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 100 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 present 20+ employment law programs. Upcoming:

Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.

Pennsylvania Farm Bureau Legal Services Plan: “A new member-benefit program involving law firms that specialize in legal areas commonly utilized by farmers.”

Resources of Interest:

New: Brook Duer, Legal Considerations for Microgreens Production, Penn State Extension (Sept. 26, 2025)

Nat’l Agric. Law Ctr., IEEPA Tariffs Challenged in Supreme Court, Will Scobey (October 16, 2025)

Southern Ag Today, Can the U.S. Move from Multilateral to Bilateral Trade Agreements?, Luis Ribera (Ctr. North Am. Studies) (October 16, 2025)

Southern Ag Today, Potential Market Impacts of Missing a WASDE Report During Government Shutdowns, Grant Gardner (Univ. Ken.) (October 15, 2025)

Univ. of Ill. Farm Policy News, Immigration Crackdown Hurting Ag, Labor Dept. Concedes, Ryan Hanrahan (October 16, 2025)

Univ. of Ill. Farm Policy News, Trump Says US Has ‘a Deal’ to Lower Beef Prices, Ryan Hanrahan (October 17, 2025)

Univ. of Ill. Farm Policy News, Gov’t Shutdown Hits Crucial Tools for Farmers, Commodity Traders, Ryan Hanrahan (October 14, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, 2025 County Rental Rates Now Available Online, Elizabeth Thilmany (October 13, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Net Return to Storing Ohio Corn and Soybeans Since 1973, Carl Zulauf & Eric Richer (October 17, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, Estate Planning with Trusts: Roles, Definitions, and Practical Examples, Olivia Scuderi (October 14, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Avoiding Probate: Two Commonly Overlooked Farm Assets, Robert Moore (October 13, 2025)

Tex. A&M Agric. Law Blog, “Paid in Sweat, Secured by Planning,” Tiffany Dowell Lashmet (October 13, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration Preserves More Farms in Pennsylvania Than Any Other State in the Nation (October 15, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 42—October 18, 2025):         

Department of Environmental Protection

55 Pa.B. 7343 Notice: “State Water Plan Ohio, Great Lakes and Upper/Middle Susquehanna Water Resources Planning Committee Meetings Location Change”

Pennsylvania Milk Board

55 Pa.B. 7354 Notice: “Hearing and Presubmission Schedule for All Milk Marketing Areas; Over-Order Premium”

55 Pa.B. 7355 Notice: “Hearing and Presubmission Schedule; Milk Marketing Area No. 1”

55 Pa.B. 7356 Notice: “Hearing and Presubmission Schedule; Milk Marketing Area No. 2”

55 Pa.B. 7356 Notice: “Hearing And Presubmission Schedule; Milk Marketing Area No. 4”

PENNSYLVANIA LEGISLATURE

HB 1964 “An Act providing for a moratorium on the privatization of public water and wastewater systems; establishing the Water Utility Reform Working Group; and making a repeal relating to valuation of acquired water and wastewater systems.” Referred to Consumer Protection, Technology & Utilities [House] (October 17, 2025)

SB 1057 “An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, providing for healthier choices in SNAP waiver.” Referred to Health & Human Services [Senate] (October 16, 2025)

HB 1946 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for well location restrictions.” Referred to Environmental Resources & Energy [House] (October 16, 2025)

HB 441 “An Act amending the act of June 23, 1982 (P.L.597, No.170), known as the Wild Resource Conservation Act, further providing for legislative finding and declaration of policy and for definitions; and providing for wild native terrestrial invertebrate management.” Referred to Environmental Resources & Energy [Senate] (October 15, 2025)

SB 1048 “An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, providing for issuance of permits in environmental justice areas.” Referred to Environmental Resources & Energy [Senate] (October 15, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

Update: Cleanup Continues in Tangipahoa Parish, Louisiana (October 17, 2025)

EPA Issues Policy Guidance to Help Prevent Catastrophic Wildfires, Promote Use of Prescribed Fires for Mitigation Efforts (October 16, 2025)

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

None.

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

Notice of Cancellation: Grain Inspection Advisory Committee Fall 2025 Meeting (October 14, 2025)

Animal and Plant Health Inspection Service

USDA Shares New World Screwworm Response Playbook (October 17, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: October 13–18, 2025):

Environmental Protection Agency

90 FR 48271 Notice: “Pesticide Registration Maintenance Fee; Cancellation Order for Certain Pesticide Registrations” (October 15, 2025)

Food and Drug Administration

90 FR 48313 Notice of availability: “Dual Labeling for Fully Approved and Conditionally Approved New Animal Drugs With a New World Screwworm-Related Indication; Guidance for Industry; Availability” (October 16, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.5782 “To improve Federal activities relating to wildfires, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Armed Services, Transportation and Infrastructure, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (October 17, 2025)

H.R.5781 “To amend the Agricultural Credit Act of 1978 with respect to preagreement costs of emergency watershed protection measures, and for other purposes.” Referred to the House Committee on Agriculture (October 17, 2025)

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

None.

U.S. HOUSE AGRICULTURE COMMITTEE—UPCOMING HEARINGS

None.

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY—UPCOMING HEARINGS  

U.S. Senate Ag. Comm., Business Meeting, October 21, 2025 at 9:15AM EST

 

Contributors:
Audry Thompson—Staff Attorney
Christina Fraser—Research Assistant
Riley Amdor—Research Assistant