July 6, 2021

Agricultural Law Weekly Review – Week Ending July 2, 2021

Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 🌾
On June 28, 2021, the Supreme Court of the United States denied North American Meat Institute’s (NAMI) petition for certiorari from the refusal to grant an injunction against California’s Proposition 12 on the basis that it violates the U.S. Constitution’s Commerce Clause.  North American Meat Institute v. Rob Bonta, Attorney General of California, et al., No. 20-1215Proposition 12 establishes in-state animal confinement standards for egg-laying hens, veal calves, and breeding sows and prohibits the in-state sale of noncompliant products (included out-of-state products) derived from those animals.  A separate case seeking a final judgment striking down Proposition 12 on identical legal grounds filed by the National Pork Producers Council and American Farm Bureau remains pending in the U.S. Court of Appeals for the Ninth Circuit.  Nat’l Pork Producers Council, et al v. Karen Ross, et al, No. 20-55631. Whatever the outcome of that case at the Ninth Circuit, it will be appealed to the U.S. Supreme Court by whichever side does not prevail.  Oral argument before the Ninth Circuit was held on April 14, 2021, and a decision is pending.  As a result, any outcome of a U.S. Supreme Court decision from an appeal of the Ninth Circuit’s outcome, barring a stay or injunctive relief, would not be rendered until after Proposition 12’ s effective date of January 1, 2022 and the U.S. Supreme Court would not be able to render a decision.  For background, see  ALWR—Week Ending March 5, 2021, “Animal Welfare: U.S. Supreme Court Petitioned to Hear Commerce Clause Challenge to California’s Proposition 12” and ALWR—Week Ending June 26, 2020, “National Pork Producers Council and American Farm Bureau Appeal California Proposition 12 Ruling.”

Biofuels: D.C. Circuit Court Vacates EPA Rule Allowing Year-Round Sale of E15
On July 2, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued a judgment and opinion severing and vacating a portion of the Environmental Protection Agency’s (EPA) June 2019 rule that allowed the year-round sale of E15 (84 FR 26980).  American Fuel & Petrochemical v. EPA, No. 19-01124.  Under the rule, EPA interpreted the term “containing” in the applicable statute (42 U.S.C. § 7545(h)(4))—which allows waiver of volatility limits for “fuel blends containing gasoline and 10 percent . . . ethanol”—to mean “containing at least” to extend the waivers for E15.  The court rejected EPA’s argument that its interpretation “advanced the statutory purpose of promoting the use of ethanol fuel,” and instead found that the agency’s interpretation was inconsistent with the statute.  The court held that Section II of the June 2019 rule exceeded EPA’s authority and vacated that part of the rule, leaving intact the portion of the rule relating to Renewable Fuel Standard (RFS) renewable identification number (RIN) market regulations.

Right to Farm Laws: Mississippi Court Upholds Deer-Deterring Propane Cannon Use Under Right to Farm Law
On May 6, 2021, the Supreme Court of Mississippi issued an opinion finding the use of propane cannons to deter deer from damaging crops to be a activity protected under the state’s Right to Farm Act.  Eddie J. Briggs et al. v. Will Hughes And Chad Penn, No. 2019-CA-00838-SC.  The plaintiff adjacent property owners filed a nuisance claim seeking to enjoin the producers from using the cannons and the lower court found that the claim was barred by the state’s Right to Farm Act, which the Court held prohibits nuisance actions against an “any agricultural operation” that has been established one year or more regardless of when a particular practice conducted as part of the agricultural operation was commenced.  The court held the text of the Mississippi law protected the entire agricultural operation, not specific practices conducted for over one year, as “part of the farms’ best agricultural-management practices.”

Environmental Policy: Per Biden E.O. Council on Environmental Quality Extends Deadline for Agencies to Propose NEPA Regulations
On June 29, 2021, the Council on Environmental Quality (CEQ) published in the Federal Register an interim final rule titled, “Deadline for Agencies To Propose Updates to National Environmental Policy Act Procedures” (86 FR 34154).  The interim final rule extends the deadline for federal agencies to propose regulations to carry out CEQ’s July 2020 final rule (85 FR 43304), which directed agencies to propose regulations to update review procedures for the National Environmental Policy Act (NEPA).  Under the July 2020 rule, agencies were to propose regulations by September 14, 2021.  CEQ now extends that deadline until September 14, 2023.  CEQ issues this interim final rule in light of President Biden’s January 20, 2021 Executive Order (E.O. 13990 of Jan 20, 2021), which orders all federal agencies to review their actions between 2017 and 2020 and ensure their consistency with the administration’s public health and environmental quality objectives.  CEQ states that it is “engaged in an ongoing and comprehensive review of the 2020 Rule for consistency with the nation’s environmental, equity, and economic priorities” and that the agency “has substantial concerns about the legality of the 2020 Rule, the process that produced it, and whether the 2020 Rule meets the nation’s needs and priorities.”  CEQ is accepting comments on the interim final rule until July 29, 2021.

Food Safety: Tyson Recalls 8.4 Million Pounds of Chicken for Listeria Contamination
On July 3, 2021, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced that Tyson Foods, Inc. is recalling 8,492,832 pounds of frozen, fully cooked chicken products due to potential adulteration with Listeria monocytogenes.  The products, marked with the number “EST. P-7089,” were produced between December 26, 2020 and April 13, 2021.  The Centers for Disease Control and Prevention (CDC) is investigating the outbreak and has reported three illnesses in Texas and Delaware, resulting in one death.

Biotechnology: APHIS Publishes Environmental Assessments for Deregulation of Genetically Engineered Apple Variety
On June 30, 2021, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) posted notice in the Federal Register (86 FR 34713) announcing publication of three documents relating to the deregulation of genetically engineered PG451 Arctic Gala apples, requested by Canada-based Okanagan Specialty Fruits, Inc. (Okanagan): 1) Deregulation Extension Request, 2) Draft Plant Pest Risk Similarity Assessment, and 3) Preliminary Determination.  APHIS has already deregulated two other genetically engineered apple varieties from Okanagan, the GD743 Arctic Golden apple and GS784 Arctic Granny apple.  According to an announcement, APHIS has concluded that the PG451 Arctic Gala apples, which were genetically engineered to prevent browning, “are not more likely to pose a plant pest risk than the [two] previously deregulated . . . apple varieties.”  APHIS is accepting comments on the assessments and Okanagan’s request until July 30, 2021.

Biotechnology: APHIS Publishes Environmental Assessments for Deregulation of Genetically Engineered Corn
On June 24, 2021, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) posted notice in the Federal Register (86 FR 33208) announcing publication of four preliminary environmental documents, prepared in response to a petition to deregulate genetically engineered corn from Agrivida, Inc.— “PY203 maize”: 1) a Preliminary Determination of Status, 2) Draft Plant Pest Risk Assessment, 3) Draft Environmental Assessment, and 4) Preliminary Finding of No Significant Impact.  According to the notice, APHIS has “concluded that PY203 maize is unlikely to pose an increased plant pest risk compared to the unmodified corn.”  APHIS is accepting comments on the documents until July 26, 2021.

Animal Welfare: EU to Prohibit Cage Use for Farm Animals by End of 2023
On June 30, 2021, the European Commission announced a communication committing to propose legislation by year-end of 2023 to eliminate the use of cages for most farmed animals.  According to the communication, issued in response to the European Citizens’ Initiative, “End the Cage Age,” the Commission will conduct an impact assessment to inform its legislative proposal, which will prohibit the use of cages for all animals identified in the initiative: laying hens, sows, calves, rabbits, pullets, broiler breeders, layer breeders, quail, ducks and geese.  Additionally, the Commission states that, as “a major importer of food products,” the EU “bears a societal responsibility also with regard to the products it imports,” and that in its impact assessment, “the Commission will consider. . . introducing rules or standards for imported products that are equivalent to the EU’s and/or a labelling requirement, in compliance with WTO rules.”

International Trade: EU Parliament, Council Announce New Common Agricultural Policy
On June 25, 2021, the European Commission announced that, after three years, the European Parliament and Council have agreed upon a new Common Agricultural Policy (CAP).  The new CAP will include rigorous environmental standards, provide support for young farmers, and mandate adherence to European social and labor law.  According to the announcement, all farms must dedicate at least 3% of “arable land . . . to biodiversity and non-productive elements” and member states “must allocate at least 25% of their income support budget to ecoschemes” which compensate producers for implementing “climate and environmentally-friendly practices” like organic farming and integrated pest management.

Center for Agricultural and Shale Law Programs & Resources:

Podcast: Penn State Agricultural Law Podcast, listen to our latest weekly episode here.

Penn State News, Research & Resources:

New Model Predicts Spotted Lanternfly Egg Hatching (June 30, 2021)

Weird Warbler Reveals Genetics of Its Mismatched Colors (June 28, 2021)

Other Agricultural Law/Policy Resources of Interest:

Ag Web, 9 Questions to Ask Before Jumping into the Carbon Market (June 4, 2021)

Helena Bottemiller Evich and Ryan McCrimmon, Biden wants to pay farmers to grow carbon-capturing crops. It’s complicated., Politico (June 29, 2021)

Tiffany Lashmet, US Supreme Court Sides with Agricultural Employers in Takings Case (June 28, 2021)

Sarah Everhart, Iowa Supreme Court Rules for the State in Raccoon River Case (June 28, 2021)

Kristine A. Tidgren, U.S. Supreme Court Decision Adds to RFS Uncertainty (June 29, 2021)

Peggy Kirk Hall, Hanging On A Word: U.S. Supreme Court Rules In Favor Of Refineries In Renewable Fuels Case (June 29, 2021)

Roger A. McEowen, Reimbursement Claims in Estates; Drainage District Assessments (July 1, 2021)

DairyLivestream, Will USMCA work for dairy? (June 30, 2021)

Weekly Feature Graphics

Acres in federal conservation program have decreased steadily in past decade

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Pennsylvania Officials Celebrate Pennsylvania Dairy, Provide The Scoop On Fourth Annual Ice Cream Trail (June 30, 2021).

Agriculture Secretary Calls For Innovative Research To Grow Pennsylvania Ag Industry (June 30, 2021).

Department Of Agriculture: $1.4 Million Available To Strengthen Specialty Crop Market, Combat COVID-19 Food System Impacts (July 2, 2021).

U.S. Department of Agriculture (USDA) Press Releases:

Agriculture Secretary Tom Vilsack Announces Randy Moore as New Forest Service Chief (June 28, 2021).

New USDA Resources to Promote Reduction of Food Loss and Waste (June 29, 2021).

USDA Announces Efforts to Promote Transparency in Product of the USA Labeling (July 1, 2021).

USDA Agency Press Releases:

Agricultural Marketing Service

USDA Invests $20.2 Million in Grants for Dairy Business Innovation Initiatives (July 1, 2021).

USDA Seeks Nominees for Peanut Standards Board (June 28, 2021).

USDA Seeks Nominees to Serve on the USDA Grain Inspection Advisory Committee (June 29, 2021).

USDA Issues Opportunity for Designation and Request for Comments on the Official Agency Servicing the West Lafayette, Ind. Area (July 2, 2021).

Agricultural Research Service

Pickling Cucumbers Fused with Health Promoting Compound (June 29, 2021).

Animal and Plant Health Inspection Service

Availability of Deregulation Extension Request and Preliminary Determination for Apples Developed Using Genetic Engineering (June 28, 2021).

USDA Reopens Public Comment Period on Notice of Intent to Prepare an Environmental Impact Statement for Deregulation of Maize Developed Using Genetic Engineering (June 28, 2021).

USDA Announces Intent to Reestablish the National Wildlife Services Advisory Committee (July 1, 2021).

APHIS Announces the Effective Date for Implementation of Phase Six of the Lacey Act Enforcement Schedule (July 1, 2021).

USDA Releases National Aquaculture Health Plan and Standards: 2021-2023 (June 30, 2021).

Economic Research Service

Super Stores’ Impact on the Availability of Supplemental Nutrition Assistance Program-Approved Stores (June 2021).

Farm Service Agency

USDA Announces July 2021 Lending Rates for Agricultural Producers (July 1, 2021).

USDA Announces No Actions Under Feedstock Flexibility Program (July 1, 2021).

Foreign Agricultural Service

Local and Regional Food Aid Procurement Program – FY 2020 Report to Congress (June 28, 2021).

National Agricultural Statistics Service

Corn planted acreage up 2% from 2020, Soybean acreage up 5% from last year (June 30, 2021).

Executive Summary: Acreage, Grain Stocks, Rice Stocks (June 30, 2021).

National Institute of Food and Agriculture

NIFA Invests Over $5.4M in Bioprocessing, Bioengineering, Biofuels and Biobased Products Research (June 30, 2021).

NIFA Invests Over $1.1M to Develop Commercial Innovations for Food Science and Nutrition (June 30, 2021).

Natural Resources Conservation Service

USDA Seeks New Partnerships to Safeguard, Restore Wetland Ecosystems (June 30, 2021).

Risk Management Agency

RMA Strengthens Insurance Policies Including Dry Beans, Dry Peas and Wheat (June 30, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 27—July 3, 2021):

Department of Agriculture

51 Pa.B. 3605 “Agricultural Product Promotion, Education and Export Promotion Matching Grant Program; 2021-2022 Application Period.”

51 Pa.B. 3607 “Controlled Plant and Noxious Weed Committee Virtual Public Meeting [July 15, 2021].”

51 Pa.B. 3607 “Fertilizer Nutrient Values.”

Department of Environmental Protection

51 Pa.B. 3609 “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.”

51 Pa.B. 3663 “Federal Consistency under the Coastal Zone Management Act; Wilkins Run Stream Restoration Project.”

Independent Regulatory Review Commission

51 Pa.B. 3680 “Actions Taken by the Commission [Milk Marketing Board #47-18: Transactions Between Dealers and Producers; Termination of Dealer-Producer Contract].”

51 Pa.B. 3682 “Notice of Comments Issued [Environmental Hearing Board Practice and Procedure].”

Pennsylvania Legislature      

SB 2 “A Joint Resolution proposing separate and distinct amendments to the Constitution of Pennsylvania, in declaration of rights, providing for prohibition against denial or abridgment of equality of rights because of race and ethnicity; in legislation, further providing for action on concurrent orders and resolutions; and, in the executive, providing for disaster emergency declaration and management.” Vote by Electorate (May 18, 2021).

Presented to Governor 

SB 434 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for milk sell by date and best by date labeling.” Signed by the Governor, Act. No. 62 (June 30, 2021).

HB 101 “An Act providing for limited civil liability for agritourism activity providers, for notice of limited civil liability and for acknowledgment of limited civil liability.” Signed by the Governor, Act. No. 27 (June 30 2021).

SB 618 “An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, providing for vaccinations and for disease prevention and control.” Vetoed by  the Governor (July 1, 2021).

Legislation in Chamber:

HB 1709 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, further providing for tax imposed at partnership level, for income of a Pennsylvania S corporation, for income taxes imposed by other states and for general rule; and, in general provisions, further providing for estimated tax [Optional Entity-Level SALT Cap Workaround].” Referred to Finance [House] (June 28, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register June 28–July 2, 2021 , 2021):

Agriculture Department

86 FR 35259 Notice, comments accepted: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: ARMS, Fruit Chemical Use and State Cooperator Surveys—Substantive Change]” (July 2, 2021).

Agricultural Marketing Service

86 FR 33968 Notice: “United States Standards for Beans” (June 28, 2021).

86 FR 33967 Notice: “Opportunity for Designation in the West Lafayette, Indiana Area; Request for Comments on the Official Agency Servicing This Area” (June 28, 2021).

86 FR 33913 Notice: “Tomatoes Grown in Florida; Reapportionment of Membership” (June 28, 2021).

86 FR 34713 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: SNAP-Ed Toolkit Submission Form and Scoring Tool]” (June 30, 2021).

Animal and Plant Health Inspection Service

86 FR 34714 Notice—Comment Period: “Bayer; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status for Maize Developed Using Genetic Engineering for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Resistance, With Tissue-Specific Glyphosate Resistance Facilitating the Production of Hybrid Maize Seed; Reopening of Comment Period” (June 30, 2021).

86 FR 34713 Notice—Comment Period: “Okanagan Specialty Fruits Inc.; Availability of a Request, a Draft Plant Pest Risk Similarity Assessment, and Preliminary Determination for an Extension of Determination of Nonregulated Status for Non-Browning Apple” (June 30, 2021).

86 FR 35059 Notice: “National Wildlife Services Advisory Committee; Intent To Reestablish” (July 1, 2021).

86 FR 35259 Notice: “Implementation of Revised Lacey Act Provisions” (July 2, 2021).

Council on Environmental Quality

86 FR 34154 Interim Final Rule, comments requested: “Deadline for Agencies To Propose Updates to National Environmental Policy Act Procedures” (June 29, 2021).

Environmental Protection Agency

86 FR 33926 Proposed Rule—Comment Period: “TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances” (June 28, 2021).

86 FR 33922 Proposed Rule—Comment Period: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities-June 2021” (June 28, 2021).

Farm Service Agency

86 FR 34195 Notice—Comment Period: “Information Collection Request; Direct Loan Servicing-Special” (June 29, 2021).

86 FR 34645 Proposed Rule—Comment Period:“Bank Liquidity Reserve” (June 30, 2021).

Federal Crop Insurance Corporation

86 FR 34606 Final Rule, comments accepted: “Area Risk Protection Insurance Regulations and Common Crop Insurance Policy Basic Provisions” (June 30, 2021).

Federal Emergency Management Agency

86 FR 34257 Notice: “Final Flood Hazard Determinations [Fla., S.D., Va., W.V.]” (June 29, 2021).

86 FR 34259 Notice: “Final Flood Hazard Determinations [Ala., Fla., W.V.]” (June 29, 2021).

86 FR 34248 Notice: “Changes in Flood Hazard Determinations [Ala., Ariz., Ark., Colo., Conn., Fla., Ga., La., Miss., N.M., Tex., Va.]” (June 29, 2021).

86 FR 34251 Notice: “Changes in Flood Hazard Determinations [Ariz., Colo., Conn., Fla., Ga., Okla., Pa., S.C., Tex., Utah, Va.]” (June 29, 2021).

86 FR 34254 Notice—Comment Period: “Proposed Flood Hazard Determinations [Texas]” (June 29, 2021).

86 FR 34255 Notice—Comment Period: “Proposed Flood Hazard Determinations [Iowa, Mich., Wisc.]” (June 29, 2021).

86 FR 34260 Notice—Comment Period: “Proposed Flood Hazard Determinations [Iowa, Kan., Minn., Ohio]” (June 29, 2021).

86 FR 34257 Notice: “Proposed Flood Hazard Determinations for Dickinson County, Kansas and Incorporated Areas” (June 29, 2021).

86 FR 35107 Notice: “Final Flood Hazard Determinations [Iowa, Minn., Wash.]” (July 1, 2021).

86 FR 35110 Notice: “Changes in Flood Hazard Determinations [Ala., Ark., Colo., Fla., Ky., Mass., Miss., N.M., Pa., Tex., Va.]” (July 1, 2021).

86 FR 35113 Notice: “Changes in Flood Hazard Determinations [Ariz., Cal., Fla., Idaho, Ill., Nev.]” (July 1, 2021).

86 FR 35119 Notice—Comment Period: “Proposed Flood Hazard Determinations [Tex., Va.]” (July 1, 2021).

86 FR 35108 Notice: “Alabama; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35105 Notice: “Georgia; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35109 Notice: “Hawaii; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35104 Notice: “Kentucky; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35116 Notice: “New Jersey; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35109 Notice: “Oregon; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35106 Notice: “Tennessee; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35117 Notice: “Virginia; Major Disaster and Related Determinations” (July 1, 2021).

86 FR 35105 Notice: “West Virginia; Major Disaster and Related Determinations” (July 1, 2021).

Fish and Wildlife Service

86 FR 34269 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Four Subspecies of Mazama Pocket Gopher” (June 29, 2021).

86 FR 34271 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Pagosa Skyrocket” (June 29, 2021).

86 FR 34695 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Removing Golden Paintbrush From the Federal List of Endangered and Threatened Plants” (June 30, 2021).

86 FR 34979 Final Rule: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Suwannee Moccasinshell” (July 1, 2021).

Food and Drug Administration

86 FR 34765 Notice—Comment Period: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; New Plant Varieties Intended for Food Use” (June 30, 2021).

Food and Nutrition Service

86 FR 34605 Final Rule, comments accepted: “Supplemental Nutrition Assistance Program: Rescission of Requirements for Able-Bodied Adults Without Dependents: Notice of Vacatur” (June 30, 2021).

Forest Service

86 FR 34197 Notice—Comment Period: “Information Collection; Grazing Permit Administration Forms” (June 29, 2021).

Land Management Bureau

86 FR 35329 Notice: “Notice of Availability of the Final Environmental Impact Statement for the Proposed Blue Valley Land Exchange, Grand and Summit Counties, CO” (July 2, 2021).

National Agricultural Statistics Service

86 FR 35261 Notice—Comment Period: “Notice of Intent To Request To Conduct a New Information Collection [National Conservation Practice Adoption Motivations Survey]” (July 2, 2021).

Rural Business-Cooperative Service

86 FR 35262 Notice: “OneRD Annual Notice of Guarantee Fee Rates, Periodic Retention Fee Rates, Loan Guarantee Percentage and Fee for Issuance of the Loan Note Guarantee Prior to Construction Completion for Fiscal Year 2022” (July 2, 2021).

Small Business Administration

86 FR 34299 Notice: “Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Louisiana” (June 29, 2021).

86 FR 34298 Notice: “Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of Tennessee” (June 29, 2021).

86 FR 35144 Notice—Comment Period: “Data Collection Available for Public Comments [Paycheck Protection Program Borrowers and Lenders]” (July 1, 2021).

86 FR 35144 Notice: “Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the Commonwealth of Kentucky” (July 1, 2021).

86 FR 35145 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of Texas” (July 1, 2021).

86 FR 35371 Notice: “Administrative Declaration of a Disaster for the State of Kansas” (July 2, 2021).

86 FR 35371 Notice: “Interest Rates” (July 2, 2021).

Susquehanna River Basin Commission

86 FR 34302 Notice: “Actions Taken at June 17, 2021, Meeting” (June 29, 2021).

86 FR 34301 Notice: “Projects Approved for Consumptive Uses of Water” (June 29, 2021).

U.S. House Agriculture Committee      

H.R.4195 “To amend the Consolidated Farm and Rural Development Act to encourage the construction of senior centers and community centers.” Referred to the House Committee on Agriculture (June 28, 2021).

H.R.4231 “To direct the Secretary concerned to coordinate with impacted parties when conducting a forest management activity, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources (June 29, 2021).

H.R.4232 “To require financial regulatory agencies to annually review guidance issued, and for other purposes.” Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture (June 29, 2021).

H.R.4239 “To amend the Animal Health Protection Act with respect to the importation of live dogs, and for other purposes.” Referred to the House Committee on Agriculture (June 29, 2021).

H.R.4252 “To provide additional funding for scholarships for students at 1890 institutions.” Referred to the House Committee on Agriculture (June 30, 2021).

H.R.4266 “To prevent energy poverty in at-risk communities, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Energy and Commerce, the Budget, and Rules (June 30, 2021).

H.R.4269 “To direct the Secretary of Agriculture to establish the Dairy Pricing and Policy Commission, and for other purposes.” Referred to the House Committee on Agriculture (June 30, 2021).

H.R.4274 “To waive limitations on overtime and premium pay for wildland firefighters, and for other purposes.” Referred to the Committee on Oversight and Reform, and in addition to the Committees on Natural Resources, and Agriculture (June 30, 2021).

H.R.4291 “To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.” Referred to the House Committee on Agriculture (June 30, 2021).

H.R.2837 “Making Essentials Available and Lawful (MEAL) Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 1, 2021).                                                                                                

H.R.3014 “30 x 30 Termination Act” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3028 “LPOE Modernization Trust Fund Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (July 1, 2021).

H.R.3075 “Illegal Fishing and Forced Labor Prevention Act” Referred to the Subcommittee on Livestock and Foreign Agriculture (July 1, 2021).

H.R.3100 “Student Food Security Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 1, 2021).

H.R.3113 “MAPLand Act” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3132 “Lake Tahoe Restoration Reauthorization Act” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3176 “Shawnee Wilderness Designation Act” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3187 “Pet Safety and Protection Act of 2021” Referred to the Subcommittee on Livestock and Foreign Agriculture (July 1, 2021).

H.R.3206 “Law Enforcement Officer Recreation Pass Act” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3211 “Joint Chiefs Landscape Restoration Partnership Act of 2021” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3246 “Connecting Youth to Jobs Act” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 1, 2021).

H.R.3277 “Animal Welfare Enforcement Improvement Act” Referred to the Subcommittee on Livestock and Foreign Agriculture (July 1, 2021).

H.R.3314 “No Land Grab Act of 2021” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3326 “Public Land Renewable Energy Development Act of 2021” Referred to the Subcommittee on Conservation and Forestry (July 1, 2021).

H.R.3330 “Public Land Renewable Energy Development Act of 2021” Referred to the Subcommittee on Conservation and Forestry

H.R.3378 “CSA OPPORTUNITY Act” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 1, 2021).

H.R.3428 “SNAP Reform Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 1, 2021).

H.R.3473 “Build Local, Hire Local Act” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (July 1, 2021).

H.R.4300 “To direct the Secretary of the Interior to make free National Parks and Federal Recreational Lands Passes available to members of the Armed Forces, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (July 1, 2021).

H.R.4302 “To address the bark beetle epidemic, to reduce catastrophic wildfires in the highest risk areas, to restore and improve the ecological integrity of forest, grassland, rangeland, and watershed ecosystems across the United States through public and private partnerships with Federal, State, local, and Tribal governments and private partners, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources (July 1, 2021).

H.R.4329 “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 Committee on Agriculture, and in addition to the Committee on Energy and Commerce (July 1, 2021).

H.R.4337 “To modernize the authority of the Commodity Futures Trading Commission to conduct research, development, demonstration, and information programs.” Referred to the House Committee on Agriculture (July 1, 2021).

H.R.4341 “To provide support with respect to the prevention of, treatment for, and recovery from, substance use disorder.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Education and Labor, Financial Services, and Agriculture (July 1, 2021).

U.S. Senate Committee Agriculture, Nutrition, and Forestry:     

No new actions June 28–July 2, 2021.   

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks June 28–July 2, 2021

Industry Reacts To Cattle Market Hearing, Morning Ag Clips

should Dairy Expansions Happen Near Inputs Or End-Users?, Brownfield

Passage of Agritourism Liability Reform a Win for Agriculture, Public, Pennsylvania Farm Bureau

SCOTUS Rejects Meat Industry Lawsuit Against Prop 12, Brownfield

Biofuels Coalition Breaks Down Significance of SCOTUS Ruling on SRE Program, Brownfield

EU Strikes Deal on Huge Farm Subsidies, Ending Three Years of Negotiations, Reuters

Nestlé to Support California Dairy in Net Zero Project, Feedstuffs

Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL), an email networking and resource-sharing group about human resources topics exclusively for agricultural operations and producers, by sending an email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.

Written by: 
Audry Thompson—Research Assistant
Brook Duer—Staff Attorney