August 3, 2021
Agricultural Law Weekly Review – Week Ending July 30, 2021
Animal Welfare: Federal Appeals Court Upholds California’s Proposition 12 With Five Months Until Its Effective Date 🌾
On July 28, 2021, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Nat’l Pork Producers Council, et al v. Karen Ross, et al, No. 20-55631, holding that California’s Proposition 12 in-state production animal confinement standards and in-state sales restriction for products not produced in accordance with them, do not violate the United States Constitution’s Commerce Clause. In upholding Proposition 12’s constitutionality, the Court affirmed the earlier decision upholding Proposition 12 issued by the U. S. District Court for the Southern District of California on April 27, 2020. If the U.S. Supreme Court grants a petition requesting an appeal, disposition of that appeal would not be possible before Proposition 12’s effective date of January 1, 2022. No stay has been requested in the case thus far. For more, see Rapid Review: Window Closing on Legal Challenges to California’s Proposition 12 (August 3, 2021) and ALWR-June 26, 2020, “National Pork Producers Council and American Farm Bureau Appeal California Proposition 12 Ruling.”
Checkoff Programs: Federal Appeals Court Upholds Dismissal of R-CALF Beef Checkoff Challenge
On July 27, 2021, the U.S. Court of Appeals for the Ninth Circuit issued an opinion affirming the district court’s March 2020 grant of summary judgment dismissing a suit brought by the Ranchers Cattlemen Action Legal Fund (R-CALF) that challenged the federal Beef Checkoff Program. R-CALF USA v. Thomas Vilsack, et al, No. 20-35453. R-CALF claimed that advertising payments from qualified state beef councils (QSBCs) to third parties, financed with federally-mandated checkoff funds, violated the First Amendment as an unconstitutional compelled subsidy of private speech because of their exemption from the Secretary of Agriculture’s pre-approval. The court found that threat of decertification of the QSBCs upon the Secretary’s disapproval of their use of funds worked to effectively control the third-party speech, thus rendering it government speech immune to First Amendment review. For background see ALWR—April 2, 2020, “First Amendment Challenge to Beef Checkoff Program Dismissed” and ALWR—September 25, 2020, “Serial Legal Challenges to Federal Beef Checkoff Program Continue.”
WOTUS: Court Amends Ruling that County of Maui Must Obtain an NPDES Permit
On July 26, 2021, the U.S. District Court for the District of Hawaii entered an amended order containing a revised conclusion and additional analysis rejecting the County of Maui’s (County) reliance on an Environmental Protection Agency (EPA) guidance memorandum allowing for system design and performance analysis as a factor in applying the U.S. Supreme Court’s functional equivalent threshold for the National Pollutant Discharge Elimination System (NPDES) permit requirement. Hawaii Wildlife Fund v. County of Maui, No. 1:12-cv-00198; See ALWR—Week Ending July 23, 2021, “County of Maui Filing Requests Court to Follow EPA Guidance, No Need for NPDES Permit.” The court cited the settlement agreement of the parties as a full resolution of the appropriate remedy for failure to obtain an NPDES permit. The settlement calls for the County to fund a water reuse project of at least $2.5 million and pay a $100,000 penalty. The Court granted summary judgment for the plaintiffs on all claims.
Agribusiness: Jury Awards Over $30 Million to Texas Beef Producer for Akaushi Cattle DNA Fraud
On July 16, 2021, a Fort Bend County, Texas jury returned a verdict of more than $30 million in favor of Twinwood Cattle Company, Inc. (Twinwood) on charges of fraud and breach of contract against American Akaushi Association (AAA), HeartBrand Holdings, Inc. (HeartBrand), and Ronald Beeman, the board chair of both companies. Twinwood Cattle Company Inc. v. American Akaushi Association Inc., No. 18-DCV-250789. According to a press release from its counsel, Twinwood maintained membership in AAA from 2009–2017 and “registered hundreds of animals” with the organization. Twinwood claimed that in 2016, AAA repeatedly denied its requests for proof of DNA-verified pedigrees on its Akaushi cattle and stated that it did not provide such information as a matter of policy, despite advertisement to the contrary. After Twinwood left AAA, it discovered that the organization had failed to DNA-verify the lineage of more than half of Twinwood’s registered animals. The jury awarded Twinwood $21.9 million for lost profits and herd devaluation, $1.3 for operational losses, $3.3 in punitive damages, and $7.5 million in attorneys’ fees.
Antitrust: Koch Foods and Pilgrim’s Pride Executive Charged With Price-Fixing
On July 28, 2021, a federal grand jury for the U.S. District Court for the District of Colorado returned separate indictments charging Park Ridge, Illinois-based Koch Foods and four former Pilgrim’s Pride executives with conspiring to rig bids and fix prices for broiler chicken prices. United States v. Norman W. Fries, Inc., No. 1:21-cr-00168; United States v. McGuire, No. 1:21-cr-00246. These charges follow multiple related indictments over the past two years. According to the U.S. Department of Justice (DOJ), the companies and executives began conspiring as early as 2012 and continued until 2019. For background, see ALWR—June 12, 2020, “Chicken Industry Executives Indicted on Antitrust Charges;” ALWR—Oct. 9, 2020, “U.S. Department of Justice Indicts Six More Poultry Executives Over Alleged Price Fixing;” ALWR—January 22, 2021, “Tyson Agrees to $221.5 Million Partial Settlement in Poultry Antitrust Class Action;” ALWR—February 26, 2021, “Pilgrim’s Pride Pleads Guilty to Poultry Price-Fixing; Fined $107.9 Million;” and ALWR—May 28, 2021, “Claxton Poultry Indicted on Anti-Trust Charges.”
WOTUS: EPA and U.S. Army Announce WOTUS Public Meetings and Public Comment Docket
On July 30, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) announced an upcoming Federal Register publication establishing a public comment docket and series of public meetings to inform the agencies’ revision of the definition of waters of the United States (WOTUS). The EPA and Army intend to conduct two WOTUS rulemakings: one to restore the pre-2015 WOTUS definition, with updates consistent with U.S. Supreme Court decisions, and a second to “refine” and “update” the WOTUS definition.
Animal Health: APHIS Confirms African Swine Fever in the Dominican Republic
On July 28, 2021, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it has confirmed African swine fever (ASF) in pig samples from the Dominican Republic, obtained through a cooperative surveillance program established with that country in 2019. The detection was from samples within 100 miles of the Haitian border. Pork imports from the country are now prohibited, and the Department of Homeland Security’s Customs and Border Protection is increasing flight inspections and airplane garbage surveillance from the Dominican Republic to prevent entry of pork products into the United States. On July 29, 2021, the Pennsylvania Department of Agriculture’s State Veterinarian, Dr. Kevin Brightbill, along with other Pennsylvania experts in the field of animal health and swine disease control measures held an on-line briefing via ZOOM for the swine industry. A recording of that briefing is available here upon inputting passcode 6@VSiP!8.
Agricultural Finance: USDA Announces $67 Million for Heirs’ Property Relending Program
On July 29, 2021, the U.S. Department of Agriculture (USDA) announced the Heirs’ Property Relending Program, which will provide $67 million in competitive loans to land beneficiaries to resolve heirs’ property title and succession issues. Under the program, heirs may apply for up to $600,000 through intermediary lenders to finance succession plan costs and consolidate property interests to clear their land title, including purchasing fractional interests from other heirs. Heirs may not use the funds to develop or improve their property. Lenders may begin applying for the program in late August, and more information for borrowers is forthcoming.
Crop Insurance: USDA Announces 60-Day Crop Insurance Premium Payment Extension
On July 27, 2021, the U.S. Department of Agriculture (USDA) Risk Management Agency (RMA) announced that, as part of its drought assistance programs, it will authorize Approved Insurance Providers to extend insurance premium and administrative fee payment deadlines and defer any accruing interest for 60 days or until the policy’s termination date, whichever is sooner. The agency also authorized providers to defer interest for 60 days on Written Payment Agreements due August 1, 2021, through September 20, 2021.
Invasive Species: Spotted Lanternfly Found in Western Indiana
On July 23, 2021, the Indiana Department of Natural Resources (DNR) announced the presence of spotted lanternfly in the state, discovered by a Vevay, Indiana homeowner in Switzerland County, two miles from the Ohio River and Kentucky border. The U.S. Department of Agriculture (USDA) and DNR’s Division of Entomology & Plant Pathology (DEPP) are investigating the size and origin of the infestation.
International Trade: Agriculture Trade Groups Advocate for WTO Reform
On July 23, 2021, thirty-three U.S. agricultural trade organizations sent a letter to U.S. Ambassador Katherine Tai and Agriculture Secretary Tom Vilsack supporting World Trade Organization (WTO) reform and encouraging the two executives to promote their principles and priorities in the upcoming 12th Ministerial Conference. The groups call for market-based and sustainable trade liberalization and a more effective and efficient dispute settlement system. Also, they stress that the WTO should establish a graduation process to require that “significant developing country agriculture exporters meet the same level of ambition as developed countries.” Signatories included American Farm Bureau Federation, American Soybean Association, Bayer US, National Association of State Departments of Agriculture, National Corn Growers Association, North American Meat Institute, and the U.S. Soybean Export Council.
Biofuels: Renewable Fuels Producers Pledge Net-Zero Emission by 2050
On July 27, 2021, forty-eight producer members of the Renewable Fuels Association (RFA) sent a letter to President Bident pledging to reduce their greenhouse gas emissions by 70% or more by 2030 and achieve net-zero emissions, on average, by 2050. The companies also state their support for the application of carbon capture, utilization, and sequestration (CCUS), adoption of a national Clean Fuel Standard, and operation of more flex-fuel vehicles.
Center for Agricultural and Shale Law Programs & Resources:
Penn State Agricultural Law Podcasts:
- Weekly Episode # County of Maui Asks Court to Follow EPA WOTUS Guidance & New York Finalizes Chlorpyrifos Prohibition (July 28, 2021).
- Special Episode #7. Dicamba (July 20, 2021).
- Agricultural Law Issue Trackers, Biden’s First 100 Days for Food and Agricultural Policy (August 2, 2021).
Upcoming Webinars:
Utility Scale Solar: Understanding Key Lease Terms with Penn State Extension, Aug. 18, 2021, 7:00 p.m.
Overview of Federal and State PACE Programs with the NALC, Sept. 15, 2021, 12:00 p.m.
WeConservePA Solar Webinar Series:
- Land Transitions During Solar Energy Expansion in PA, Aug. 10, 2021, 10:00 a.m.
- Utility Scale Solar and Local Land Planning, Aug. 17, 2021, 10:00 a.m.
- Government Policy and Solar, Aug. 24, 2021, 10:00 a.m.
Penn State News, Research, & Resources:
Horizontal Winds Become Major Movers of CO2 During Cold Fronts (July 19, 2021).
Researchers Identify a Gene That Regulates the Angle of Root Growth in Corn (July 28, 2021).
Other Agricultural Law/Policy Resources of Interest:
Farmdoc Daily, Overview of the Meatless Meat Industry (July 22, 2021).
Farmdoc Daily, Timeline of a Rare Series of Disruptive Events for United States Agriculture (July 20, 2021).
Guardian, Part I: Small Farms Vanish Every Day in America’s Dairyland: ‘There Ain’t No Future in Dairy’ (July 21, 2021).
Guardian, Part II: It’s Five Years Since A White Person Applied’: The Immigrant Workforce Milking America’s Cows (July 25, 2021).
AFBF Market Intel, Part I: 2020 Disaster Estimations Reveal at Least $3.6 Billion in Uncovered Losses (July 8, 2021).
AFBF Market Intel, Part II: 2020 Disasters Reveal Gaps in Ad Hoc Aid Legislation (July 28, 2021).
Quanta, A Soil-Science Revolution Upends Plans to Fight Climate Change (July 27, 2021).
Environmental Defense Fund, Agricultural Soil Carbon Credits: Making Sense Of Protocols For Carbon Sequestration And Net Greenhouse Gas Removals (July 26, 2021).
PEW Charitable Trusts’ Stateline, States Braced for a Wave of COVID Lawsuits. It Never Arrived. (July 21, 2021).
Tiffany Lashmet, 2021 Texas Legislative Recap—Key Bills for Agriculture (July 26, 2021).
Brigit Rollins, California State Court Issues Pretrial Ruling In Roundup Case (July 29, 2021).
Brianna Schroeder, Five Keys to a Successful Feed Contamination Case (July 28, 2021).
Roger A. McEowen, Recovering Costs in Tax Litigation (July 31, 2021).
Weekly Featured Graphics:
USDA Rural Development, An Economic Impact Analysis of the U.S. Biobased Products Industry (July 30, 2021)
“Biobased product – A product determined by USDA to be a commercial or industrial product (other than food or feed) that is: (1) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or (2) an intermediate ingredient or feedstock.”
U.S. Congressional Legislative Hearings:
Senate Finance Committee:
Implementation and Enforcement of the United States-Mexico-Canada Agreement: One Year After Entry into Force (Recording, July 27, 2021).
- Testimony: Allan Huttema, Chair, Northwest Dairy Association/Darigold
House Agriculture Committee:
21st Century Food Systems: Controlled Environment Agriculture’s Role in Protecting Domestic Food Supply Chains and Infrastructure (Recording, July 29, 2021).
State of the Beef Supply Chain: Shocks, Recovery, and Rebuilding, Subcommittee on Livestock and Foreign Agriculture (Recording, July 28, 2021).
- Testimony: Dr. Jayson Lusk, Purdue; Dr. Jennifer van de Ligt, U. of MN; Dr. Keri Jacobs, U. of MO; Dr. Austin Aherin, V.P. Rabo AgriFinance.
- Recap: What to Do About US Cattle Markets? Todd Neeley, DTN Progressive Farmer (Hearing Summary, July 28, 2021).
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Secretary Of Agriculture Encourages Farmers to Take Advantage of Grant Program to Pay for Business Planning Services (July 29, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
USDA Announces $16.6 Million in Funding Opportunities to Support Socially Disadvantaged and Veteran Farmers and Ranchers (July 26, 2021).
MyPlate Launches USDA’s First Alexa Skill (July 27, 2021).
USDA Invests $14 Million in Rural Economic Development Projects in 10 States (July 27, 2021).
Statement by Agriculture Secretary Tom Vilsack on the Nomination of Adrienne Wojciechowski to Serve as Assistant Secretary of Congressional Relations (July 27, 2021).
USDA Invests Over $21.8M to Build Agricultural Capacity at HBCUs in the Nation’s Land-grant University System (July 27, 2021).
USDA Releases Economic Impact Analysis of the U.S. Biobased Products Industry (July 29, 2021).
Biden Administration to Invest $67 Million to Help Heirs Resolve Land Ownership and Succession Issues (July 29, 2021).
Biden-Harris Administration Extends Eviction Moratorium for Homeowners (July 30, 2021).
U.S. Government Advances Anti-Hunger, Climate Initiatives at Food Systems Pre-Summit (July 30, 2021).
Secretaries of USDA, HUD, VA, Treasury, and FHFA Acting Director Release Joint Statement on Agency Actions to Prevent Evictions (July 30, 2021).
Statement from Agriculture Secretary Tom Vilsack on the Confirmation of Janie Simms Hipp to Serve as General Counsel of USDA (July 30, 2021).
USDA Agency Press Releases:
Agricultural Research Service
An Upgraded Software Application Can Better Predict Erosion Processes of Earthen Dams (July 27, 2021).
Truce Between Prairie Dogs and Livestock Farmers? (July 29, 2021).
Animal and Plant Health Inspection Service
Field Evaluation Continues into New Oral Rabies Vaccine for Raccoons, Other Wildlife (July 26, 2021).
USDA Statement on Confirmation of African Swine Fever in the Dominican Republic (July 28, 2021).
APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Tomatillo from Panama (July 27, 2021).
Use APHIS eFile to Apply for Your Next Cut Flowers, Greenery, and Sugarcane Permit! (July 28, 2021).
Surveillance Data Shows White-Tailed Deer Exposed to SARS-CoV-2 (July 28, 2021).
Farm Service Agency
USDA Announces 2021 Loan Rates for Crop Peanuts (July 30, 2021).
Food and Nutrition Service
MyPlate Launches USDA’s First Alexa Skill (July 27, 2021).
Food Safety and Inspection Service
Constituent Update—Updates to Mask Requirements for FSIS Employees (July 30, 2021).
Foreign Agricultural Service
Private Exporters Report Sales Activity for Unknown Destinations (July 29, 2021).
U.S. Government Advances Anti-Hunger, Climate Initiatives at Food Systems Pre-Summit (July 30, 2021).
National Institute of Food and Agriculture
USDA-NIFA and NSF Invest $220M in Artificial Intelligence Research Institutes (July 29, 2021).
Risk Management Agency
RMA Extends Deadlines, Waives Interest Deferral for Emergency Drought Relief (July 27, 2021).
USDA Funds Risk Management Education for Historically Underserved Producers (July 29, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 31—July 31, 2021):
Delaware River Basin Commission
51 Pa.B. 4086 Notice: “Virtual Public Hearing and Virtual Business Meeting [August 11, 2021].”
Department of Environmental Protection
51 Pa.B. 4088 Notice: “Applications For NPDES Permits And WQM Permits Under The Clean Streams Law And Federal Clean Water Act.”
Environmental Quality Board
51 Pa.B. 4062 Proposed Rulemaking: “Water Quality Standards; Dunbar Creek et al. Stream Redesignations.”
Milk Marketing Board
51 Pa.B. 4223 Rules and Regulation: “Transactions Between Dealers and Producers; Termination of Dealer—Producer Contract.”
Pennsylvania Legislature:
SB 813 “[Gas Tax Holiday for Pennsylvanians] An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in liquid fuels and fuels tax, further providing for definitions and providing for electric vehicle and hybrid electric vehicle road use fee; making an appropriation; and making editorial changes.” Referred to TRANSPORTATION [Senate] (July 26, 2021).
SB 826 “[Ensuring All Residential Homeowners have Access to Solar Energy] An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to condominiums, further providing for definitions; and, in management of the condominium, further providing for powers of unit owners’ association.” Referred to URBAN AFFAIRS AND HOUSING [Senate] (July 26, 2021).
HB 1735 “An Act amending . . . the Dog Law, in licenses, tags and kennels, further providing for requirements for kennels; and abrogating a regulation.” Referred to AGRICULTURE AND RURAL AFFAIRS [House] (July 30, 2021).
HB 1740 “An Act providing for power plant host community benefit agreements between municipalities and owners of certain electric generating facilities, for power plant host community impact fees paid by affected facilities and fee uses; establishing public participation requirements; and providing for administrative fees and for duties of the Department of Environmental Protection.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY [House] (July 30, 2021).
H.Res.124 “A Resolution directing the Joint State Government Commission to conduct a study on the current status of bat species located in this Commonwealth and management and conservation efforts that have been undertaken to protect and bolster bat populations and to issue a report of its findings and recommendations to the General Assembly.” Referred to GAME AND FISHERIES [House] (July 30, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register July 26–30, 2021):
Agriculture Department
86 FR 40190 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Study of Nutrition and Activity in Child Care Settings II]” (July 27, 2021).
86 FR 41172 Proposed Rule: “Semiannual Regulatory Agenda, Spring 2021” (July 30, 2021).
Agricultural Research Service
86 FR 39941 Final Rule: “Administering the Specialty Crop Block Grant Program” (July 26, 2021).
Animal and Plant Health Inspection Service
86 FR 40445 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Specimen Submission” (July 28, 2021).
86 FR 40446 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Virus-Serum-Toxin Act and Regulations” (July 28, 2021).
86 FR 40444 Notice: “Withdrawal of an Environmental Assessment and Finding of No Significant Impact for High Pathogenicity Avian Influenza Control in Commercial Poultry Operations-A National Approach” (July 28, 2021).
Environmental Protection Agency
86 FR 40338 Final Rule: “Fludioxonil; Pesticide Tolerances” (July 28, 2021).
86 FR 40562 Notice—Comment Period: “Information Collection Request Submitted to OMB for Review and Approval; Comment Request; National Study of Nutrient Removal and Secondary Technologies: Publicly Owned Treatment Works (POTW) Screener Questionnaire (Renewal)” (July 28, 2021).
86 FR 40823 Notice—Comment Period: “Proposed Information Collection Request; Comment Request; National Pollutant Discharge Elimination System Program (Renewal)” (July 29, 2021).
86 FR 41276 Proposed Rule: “Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions” (July 30, 2021).
86 FR 41032 Notice: “Pesticide Registration Review; Interim Decisions and Case Closures for Several Pesticides; Notice of Availability” (July 30, 20210.
Fish and Wildlife Service
86 FR 40186 Proposed Rule, notification of petition findings: “Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species” (July 27, 2021).
86 FR 40612 Notice—Comment Period: “Endangered Species; Receipt of Recovery Permit Applications” (July 28, 2021).
86 FR 40615 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Review of the Eskimo curlew (Numenius borealis)” (July 28, 2021).
86 FR 40614 Notice—Comment Period: “Enhancement of Survival Permit Application and Draft Safe Harbor Agreement, Nye, Esmeralda, Lincoln and Clark Counties, Nevada” (July 28, 2021).
86 FR 40996 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Removing Adiantum vivesii From the Federal List of Endangered and Threatened Plants” (July 30, 2021).
86 FR 41000 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment” (July 30, 2021).
Food and Drug Administration
86 FR 40571 Notice: “Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection Fee Rates for Fiscal Year 2022” (July 28, 2021).
86 FR 40575 Notice: “Food Safety Modernization Act Third-Party Certification Program User Fee Rate for Fiscal Year 2022” (July 28, 2021).
86 FR 40580 Notice: “Food Safety Modernization Act Voluntary Qualified Importer Program User Fee Rate for Fiscal Year 2022” (July 28, 2021).
Food and Nutrition Service
86 FR 40454 Notice—Comment Period: “Agency Information Collection Activities: Assessing Supplemental Nutrition Assistance Program (SNAP) Participants’ Fitness for Work” (July 28, 2021).
86 FR 40447 Notice—Comment Period: “Agency Information Collection Activities: Food Security Status and Well-Being of Nutrition Assistance Program (NAP) Participants in Puerto Rico” (July 28, 2021).
86 FR 40763 Interim Final Rule, comments accepted: “Supplemental Nutrition Assistance Program (SNAP): 2008 Farm Bill Provisions on Clarification of Split Issuance; Accrual of Benefits and Definition Changes: Delay of Implementation Date for Certain Provisions” (July 29, 2021).
86 FR 40803 Notice: “Food Distribution Program: Value of Donated Foods From July 1, 2021 Through June 30, 2022” (July 29, 2021).
Food Safety and Inspection Service
86 FR 40369 Proposed Rule—Comment Period: “Certified Products for Dogs, Cats, and Other Carnivora; Inspection, Certification, and Identification as to Class, Quality, Quantity, and Condition” (July 28, 2021).
Forest Service
86 FR 40461 Notice: “Boundary Establishment for Sturgeon National Wild and Scenic River, Ottawa National Forest, Baraga and Houghton Counties, Michigan” (July 28, 2021).
Justice Department
86 FR 40211 Notice: “Notice of Lodging of Proposed Consent Decree Under the Clean Water Act [United States and State of Indiana v. City of Elkhart, Indiana]” (July 27, 2021).
Labor Department
86 FR 40212 Notice—Comment Period: “[Bloodborne Pathogens Standard] Agency Information Collection Activities; Submission for OMB Review; Comment Request” (July 27, 2021).
86 FR 40212 Notice—Comment Period: “[Cotton Dust Standard] Agency Information Collection Activities; Submission for OMB Review; Comment Request” (July 27, 2021).
National Agricultural Library
86 FR 40802 Notice—Comment Period: “Notice of Intent To Renew a Currently Approved Information Collection” (July 29, 2021).
Rural Business-Cooperative Service
86 FR 40000 Notice: “Inviting Applications for the Rural Energy for America Program” (July 26, 2021).
Small Business Administration
86 FR 40921 Interim Final Rule, comments accepted: “Business Loan Program Temporary Changes; Paycheck Protection Program-COVID Revenue Reduction Score, Direct Borrower Forgiveness Process, and Appeals Deferment” (July 30, 2021).
U.S. House Agriculture Committee:
H.R.4300 “Alexander Lofgren Veterans in Parks (VIP) Act” At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed (July 26, 2021).
H.R.4680 “To form the Federal sugar program, and for other purposes.” Referred to the House Committee on Agriculture (July 26, 2021).
H.R.4690 “To reauthorize and amend the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (July 26, 2021).
H.Res.542 “Expressing support for the designation of July 2021 as ‘American Grown Flower and Foliage Month.’” Sponsor introductory remarks on measure (July 27, 2021).
H.R.4705 “To amend the Agricultural Act of 2014 to modify the treatment of revenue from timber sale contracts and certain payments made by counties to the Secretary of Agriculture and the Secretary of the Interior under good neighbor agreements, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (July 27, 2021).
H.R.4710” To require the Secretary of Agriculture to allow emergency haying under the conservation reserve program during the primary nesting season.” Referred to the House Committee on Agriculture (July 27, 2021).
H.R.4077 “Closing the Meal Gap Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 28, 2021).
H.R.4079 “Saving America’s Pollinators Act of 2021” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (July 28, 2021).
H.R.4082 “Wildland Fire Mitigation and Management Commission Act of 2021” Referred to the Subcommittee on Conservation and Forestry (July 28, 2021).
H.R.4103 “Meat and Poultry Special Investigator Act” Referred to the Subcommittee on Livestock and Foreign Agriculture (July 28, 2021).
H.R.4195 “Community and Senior Center Support Act” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (July 28, 2021).
H.R.4231 “Proven Forest Management Act of 2021” Referred to the Subcommittee on Conservation and Forestry (July 28, 2021).
H.R.4232 “Financial Guidance Review Act of 2021” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (July 28, 2021).
H.R.4239 “Healthy Dog Importation Act” Referred to the Subcommittee on Livestock and Foreign Agriculture (July 28, 2021).
H.R.4741 “To provide for the regulation of digital assets, and for other purposes.” Referred to the Committee on Financial Service, and the Committees on Agriculture, and Ways and Means (July 28, 2021).
H.R.4763 “To direct the Secretary of Agriculture to carry out a program to award grants to eligible entities to carry out projects that further agricultural resiliency and modernization, and for other purposes.” Referred to the House Committee on Agriculture (July 28, 2021).
H.Con.Res.43 “Expressing the sense of Congress that all direct and indirect subsidies that benefit the production or export of sugar by all major sugar-producing and -consuming countries should be eliminated.” Referred to the Committee on Ways and Mean, the Committee on Agriculture (July 29, 2021).
H.R.1983 “Monarch Action, Recovery, and Conservation of Habitat Act of 2021 or the MONARCH Act of 2021” Subcommittee Hearings Held (July 29, 2021).
H.R.3075 “Illegal Fishing and Forced Labor Prevention Act” Subcommittee Hearings Held (July 29, 2021).
H.R.4792 “To counter the malign influence and theft perpetuated by the People’s Republic of China and the Chinese Communist Party.” Referred to the Committees on Foreign Affairs, the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services (July 29, 2021).
H.R.4828 “To secure the international borders of the United States, and for other purposes.” Referred to the Committees on Homeland Security, Agriculture, and Ways and Means (July 29, 2021).
H.R.4842 “To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (July 29, 2021).
H.R.4896 “To direct the Secretary of Agriculture to establish a program to provide reimbursement to agricultural producers for losses sustained due to illegal immigration.” Referred to the Committee on Agriculture and the Committee on Oversight and Reform (July 30, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
S.2466 “A bill to reform the Federal sugar program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 26, 2021).
S.2484 “A bill to require the Secretary of Agriculture to allow emergency haying under the conservation reserve program during the primary nesting season.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 27, 2021).
S.2492 “A bill to amend the Agricultural Act of 2014 to modify the treatment of revenue from timber sale contracts and certain payments made by counties to the Secretary of Agriculture and the Secretary of the Interior under good neighbor agreements, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 27, 2021).
S.2515 “A bill to amend the Food and Nutrition Act of 2008 to treat attendance at an institution of higher education the same as work for the purpose of determining eligibility to participate in the supplemental nutrition assistance program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 28, 2021).
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks July 26–30, 2021.
9th Circuit Court Affirms Lower Court Ruling in Beef Checkoff Case, Brownfield
Biden Administration Plans to Expand Electric Vehicles in Ag, Brownfield
White House Says Executive Order Coming on Labeling Beef as a ‘Product Of USA’, Successful Farming
Can New Technology Incentivize Farmers to Capture Carbon in Their Soil?, Columbia Climate School
What is the Future of WOTUS for Farmers?, Feedstuffs
Pathways to Dairy Net Zero Initiative on Climate Change Announced, Dairy Reporter
Why Packaging Made From Crop Waste Allows Companies to Move Towards ‘Genuinely Sustainable’ Innovation, Dairy Reporter
Food Waste Reduction Remains Crucial to the Industry, Meat+Poultry
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Written by:
Audry Thompson—Research Assistant
Brook Duer—Staff Attorney
