June 8, 2021
Agricultural Law Weekly Review – Week Ending May 28, 2021
Pesticides/Herbicides: Federal Court Rejects Bayer’s Proposed Partial Glyphosate Settlement, Bayer to Review Roundup Residential Use 🌾
On May 26, 2021, the U.S. District Court for the Northern District of California issued an order denying approval of Bayer’s $2 billion proposed class settlement to resolve a portion of current and future claims in the multi-district class action litigation, In re: Roundup Products Liability Litigation, No. 3:16-md-02741. The proposed settlement covered claims from two groups of Roundup users: those who have already been diagnosed with Non-Hodgins lymphoma (NHL) but have not filed a claim and those who have not been diagnosed with NHL. According to the order, the court found it “unnecessary to evaluate whether the settlement is reasonable for the first group” since it was “clearly unreasonable for the second group.” The court cited multiple examples of the settlement’s shortcomings, including the four-year length of the medical monitoring program, which the court found inadequate; the requirement for class members to relinquish the right to seek punitive damages; and the obligation for class members to “stipulate to the admission of the opinion of a seven-member science panel about whether Roundup can cause NHL.” In light of the court’s ruling, on May 27, 2021, Bayer announced a “five-point plan” to resolve future Roundup claims, which includes examining whether to discontinue the product for residential use, though the company states that it will continue to offer “glyphosate-based products . . . for professional and agricultural users.” For background on this proposed settlement, see ALWR—week ending February 5, 2021, “Bayer Files for Court Approval of $2 Billion Settlement Fund for Glyphosate Claims.”
International Trade: U.S. Initiates Formal USMCA Trade Dispute with Canada Over Tarif-Rate Quotas
On May 25, 2021, the Office of the U.S. Trade Representative requested the initiation of a dispute settlement panel under the terms of the United States-Mexico-Canada Agreement (USMCA) to challenge Canada’s allocation of dairy tariff-rate quotas (TRQs), i.e. the ability to apply for reduced-tariff Canadian import of enumerated U.S. dairy products, to only processors and not retailers, an action which the United States alleges in is violation of the USMCA. Canadian processors would be direct competitors of U.S. dairy product manufacturers and unlikely to be interested in utilizing the TRQs set aside in the USMCA to import U.S dairy products. The trade dispute, the subject of a December 9, 2020 request for consultation made to Canada, will now be decided by formal USMCA dispute resolution procedures. For more background, see Agricultural Law in the Spotlight (December 10, 2020), Office of U.S. Trade Representative Disputes Canada’s Tariff-Rate Quotas for Dairy Products in First USMCA Enforcement Action.
Biotechnology: Mexican Court Upholds Glyphosate and GMO Corn Ban
On May 25, 2021, Mexico’s Consejo Nacional Agropecuario (National Agricultural Council) announced that the Eighth District Court on Administrative Matters of Mexico City had declined its request to suspend a decree that prohibits the use of glyphosate and genetically modified (GMO) corn, allowing the ban to proceed. The restrictions were issued in an executive decree by Mexican President Andrés Manuel López Obrador, published in the 31 December 2020 Diario Oficial de la Federación (Official Gazette of the Federation). According to reporting from Reuters, the implementation of the ban potentially impacts 16 million tons of current grains exported by the United States to Mexico, which is nearly all GMO. Mexico’s National Agricultural Council stated that, while it regrets the resolution, the Council “fully agree[s] with the president to always seek alternatives for sustainable agri-food production,” and that, “due to advances in hybrid production seeds, Mexico produces yields similar to those of the United States or Brazil.”
Antitrust: Claxton Poultry Indicted on Anti-Trust Charges
On May 19, 2021, the U.S. District Court for the District of Colorado filed a grand jury indictment of Georgia-headquartered Norman W. Fries, Inc., doing business as Claxton Poultry Farms, on charges of engaging in a “nationwide conspiracy” to rig bids and fix prices for U.S. broiler chicken products from 2012 -2019 in violation of the Sherman Antitrust Act. United States v. Norman W. Fries, Inc., No. 1:21-cr-00168. Also announced by the U.S. Department of Justice (DOJ) on May 20, 2021, the potential conviction carries a maximum fine of $100 million or, if greater, twice the gain derived from the crime or twice the loss suffered by victims. The indictment cites numerous text messages, emails, and phone calls between Claxton President Mikell Reeve Fries and executive Scott James Brady, who have also been charged individually. United States v. Penn, No. 1:20-cr-00152. See ALWR—June 12, 2020, “Poultry Industry Executives Indicted on Antitrust Charges.” According to an order issued May 28, 2021, a 15-day jury trial has been set for August 2, 2021.
Agricultural Labor: New Swine Slaughter Maximum Line Speed Effective June 30
On May 26, 2021, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) posted an announcement titled, “Special Alert: Constituent Update” in response to the U.S. District Court for the District of Minnesota’s March 2021 order vacating FSIS’s previous elimination of line speeds in the agency’s 2019 final rule, “Modernization of Swine Slaughter Inspection” (84 FR 52300). The Court stayed elimination of line speeds for 90 days to allow for agency and industry accommodations. Despite National Pork Producer’s Council’s (NPPC) urging that USDA appeal the ruling, FSIS announced that facilities operating under the New Swine Slaughter Inspection System (NSIS) should prepare to revert to a maximum line speed of 1,106 head per hour on June 30, 2021. For background, see ALWR—Week Ending April 2, 2021, “Agricultural Labor: Federal Court Vacates Swine Slaughter Rule Line Speed Elimination.”
Pesticides/Herbicides: EPA Inspector General Report Issues Report Uncovering Irregularities in 2018 Dicamba Registration Decision
On May 24, 2021, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) issued a report assessing EPA’s actions in evaluating stakeholder risks for its 2016 and 2018 dicamba registration approvals. OIG found that EPA’s 2018 actions varied from typical operating procedures, citing EPA’s failure to perform the required internal peer reviews of the supporting scientific documents, and changes to scientific analyses made by political appointees in senior management which cited ‘author’ as the source of the suggested revisions. The report recounts senior management decisions to: (1) use plant height as the standard measure of dicamba effect on plants instead of the academically-accepted use of visual signs of plant injury for direct-spray toxicity studies, and (2) give scientists an outline for rewriting their benefits and impact analysis which omitted their previous relevant analyses of dicamba’s effects. The report concludes that EPA needs to document and follow established procedures to ensure scientifically sound decisions regarding pesticides and provides three recommendations for corrective actions, two of which have been implemented and resolved by the agency.
Antitrust: Congressional Letter Requests Justice Department Meatpacking Antitrust Investigation Follow-up and Update
On May 17, 2021, sixteen members of Congress (seven Senators and nine Representatives) sent a letter to U.S. Attorney General Merrick Garland requesting continued pursuit of and an informational update to Congress on the May 22, 2020, U.S. Department of Justice, Antitrust Division civil investigative demands (CIDs) sent to the nation’s four largest meatpackers of anticompetitive activities.
Food Labeling: UPDATE – EU Parliament Reportedly Withdraws Legislation Prohibiting Use of Dairy Terms with Non-Dairy Products
According to a May 26, 2021 Dairy Reporter article, the European Union Parliament has “withdrawn” Amendment 171, which would have prohibited the use of dairy terms for non-dairy products. For background, see ALWR—Week Ending April 23, 2021, “EU Parliament Considers Legislation Prohibiting Use of Dairy Terms with Non-Dairy Products”
Conservation Programs: USDA Announces $10 Million for Conservation Reserve Assessment Projects
On May 25, 2021, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced $10 million to fund soil carbon sequestration measuring and monitoring project proposals under the agency’s Monitoring, Assessment and Evaluation initiative to quantify the environmental benefits of Conservation Reserve Program (CRP) contracts. FSA seeks project proposals of at least $1 million, but not more than $9 million, to survey, sample, and measure the climate benefits of property contracted for three CRP practice types: 1) “Predominately Perennial grass with legumes and shrubs, depending on the practice,” 2) “Tree,” and 3) “Wetland, including both mineral and organic soils and both floodplain and non-floodplain wetlands.” Proposals must be submitted by July 2, 2021.
Pennsylvania Hosts 2021 NEASDA Annual Meeting:
On June 15 – 16, 2021, Pennsylvania will host the annual regional meeting of the Northeast Association of State Departments of Agriculture (NEASDA) comprised of the Commissioners, Secretaries, and Directors of Agriculture from Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. Pennsylvania Secretary of Agriculture Russell Redding will be the keynote speaker on both days and the theme is “Feeding the Future.” Programing runs daily from 9:30 am – 2:30 pm and Registration is $30.
Center for Agricultural and Shale Law Programs & Resources:
Podcast: Penn State Agricultural Law Podcast, listen to our latest weekly episode here.
Webinar:
Utility-Scale Solar Development – For Lawyers, Landowners & Others
An Online Legal Educational Symposium
Tuesday, June 15, 2021 12:00pm – 3:30pm
Thursday, June 17, 2021 12:00pm – 3:30pm
This symposium is geared for both beginning and intermediate levels of knowledge about photovoltaic electrical generation for the grid and is designed in a progressive manner, each session building upon the knowledge gained in the last. Upon completion, an attorney, landowner, government professional, educator or other interested attendee will have a well-rounded understanding of the legal facets of the proliferation of utility-scale solar development project proposals in Pennsylvania, across the region, and throughout much of the United States.
$179 – Registration Fee (6 hours of substantive Pennsylvania CLE Credits)
$99 – Registration Fee (without CLE credits)
CLICK HERE for details, agenda and registration
Penn State News, Research & Resources:
Artificial Intelligence Predicts River Water Quality with Weather Data (May 19, 2021).
Global Pollen Samples Reveal Vegetation Rate of Change (May 20, 2021).
Other Agricultural Law/Policy Resources of Interest:
Roger A. McGowen, Ohio Conference—June 7-8 (Ag Economics) What’s Going On in the Ag Economy? (May 21, 2021).
Roger A. McGowen, Valuing Ag Real Estate With Environmental Concerns (May 24, 2021).
Paul Goeringer, Supreme Court of Mississippi Finds Use of Scare Guns Falls Under the Right-to-Farm Law (May 26, 2021).
Brigit Rollins, The Deal with Dicamba: Report Examines EPA Decision to Register Dicamba in 2018 (May 27, 2021).
Kitt Tovar Jensen, USDA Announces Loan Funding Availability for Socially Disadvantaged Farmers and Ranchers (May 27, 2021).
Tiffany Lashmet, Talking Taxes: Gift Tax (May 24, 2021).
Proceedings of the National Academy of Sciences of the United States of America, Air quality-related health damages of food (May 18, 2021)
International Dairy Foods Association, IDFA’s Trade & Environmental Sustainability Principles (May 11, 2021)
Congressional Research Service, U.S. Agricultural Trade with Cuba: Current Limitations and Future Prospects (May 14, 2021)
Weekly Featured Graphic:
Hoard’s Dairyman, Did CFAP payments help dairy farmers in 2020? (May 17, 2021)
Note: A technical glitch prevent this graphic from being visible in last week’s ALWR so it is being included again.
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Warren County Deer Tests Positive For Chronic Wasting Disease, First Confirmed In PA Northern Tier (May 26, 2021).
With Half Of Pennsylvania Dogs Unlicensed, Deputy Secretary Of Ag And Rep. Wheeland Highlight Legislation To Increase Licensure Rates (May 27, 2021).
Wolf Administration To Pennsylvanians: As Brood X Cicadas Emerge, Avoid Insecticides (May 27, 2021).
Ag Department To Spray For Spotted Lanternfly Along Transportation Rights-Of-Way Prioritizing Human Health, Environmental Safety (May 28, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
U.S. Department of Agriculture Announces Key Staff Appointments (May 25, 2021).
FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (May 26, 2021).
USDA Forecasts Record Farm Exports in FY 2021 (May 26, 2021).
USDA Provides Food Safety Tips to Grilling Pros and Beginners (May 27, 2021).
USDA Assists Farmers, Ranchers, and Communities Affected by Recent Storms and Flooding in Texas, Louisiana and Arkansas (May 28, 2021).
Statement by Agriculture Secretary Vilsack on the President’s Fiscal Year 2022 Budget (May 28, 2021).
USDA Agency Press Releases:
USDA Seeks Cotton Board Nominees, Agricultural Marketing Service (May 26, 2021).
ARS Scientists Are Developers of Most Used Prediction Technologies to Reduce Soil Loss, Agricultural Research Service (May 25, 2021).
Numerous Health Benefits Found in Summer-Favorite Watermelon, Agricultural Research Service (May 27, 2021).
USDA Confirms Box Tree Moth and Takes Action to Contain and Eradicate the Pest, Animal and Plant Health Inspection Service (May 28, 2021).
Extension of Deregulation to Corn Developed Using Genetic Engineering, Animal and Plant Health Inspection Service (May 26, 2021).
Weekly Retail Food Sales, Economic Research Service (May 25, 2021).
Food Insecurity Among Working-Age Veterans, Economic Research Service (May 2021).
USDA Announces New Initiative to Quantify Climate Benefits of Conservation Reserve Program, Farm Service Agency (May 25, 2021).
USDA Announces Grants for Urban Agriculture and Innovative Production, Farm Service Agency (May 27, 2021).
USDA Forecasts Record Farm Exports in FY 2021, Foreign Agricultural Service (May 26, 2021).
Private Exporters Report Sales Activity for Unknown Destinations, Foreign Agricultural Service (May 27, 2021).
New Data Shows Visits Soared Across National Forests in 2020, Forest Service (May 27, 2021).
Tackling the U.S. Food Animal Veterinarian Shortage: NIFA’s Veterinary Medicine Loan Repayment Program, National Institute of Food and Agriculture (May 28, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 22—May 29, 2021):
Department of Agriculture
51 Pa.B. 2997 Notice: “Agricultural Research Project Contractors.”
51 Pa.B. 2963 Rules and Regulations: “Milk Marketing Board: Transactions Between Dealers and Producers; Payment.”
Department of Conservation and Natural Resources
51 Pa.B. 2999 Notice: “Proposed Lands Exchange between Erdenheim Farm (EQ), LP and the Department of Conservation and Natural Resources, Bureau of State Parks.”
Department of Environmental Protection
51 Pa.B. 3000 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.”
Independent Regulatory Review Commission
51 Pa.B. 3072 Notice: “Notice of Filing of Final Rulemakings [Milk Marketing Board].”
Milk Marketing Board
51 Pa.B. 3074 Notice: “Sunshine Meeting Venue Change.”
Pennsylvania Legislature
HB 141 “An Act amending . . . the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for nonbuilding lots [‘Subdivision and Land Development Ordinance’].” Referred to Local Government [Senate] (May 28, 2021).
HB 221 “An Act amending the act . . . entitled “An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses,” further providing for local taxing options.” Referred to Local Government [Senate] (May 28, 2021).
SB 28 “An Act providing for the administration of permits by State agencies, for a tracking system for permit applications, for the establishment of permit programs, for third-party review of permit decision delays and for annual reports.” Third consideration and final passage [Senate, 28-20] (May 26, 2021).
SB 597 “An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for water and wastewater asset management plans [‘Water Quality Accountability Act’].” First consideration [Senate] (May 25, 2021).
SB 655 “An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in enforcement and remedies, providing for criminal proceedings [‘Providing the Attorney General with Concurrent Jurisdiction in Environmental Crimes’.” Referred to Environmental Resources and Energy [Senate] (May 24, 2021).
SB 656 “An Act amending . . . The Clean Streams Law, in procedure and enforcement, further providing for summary proceedings [‘Providing the Attorney General with Concurrent Jurisdiction in Environmental Crimes’.” Referred to Environmental Resources and Energy [Senate] (May 24, 2021).
SB 657 “An Act amending . . . the Pennsylvania Safe Drinking Water Act, further providing for penalties and remedies [‘Providing the Attorney General with Concurrent Jurisdiction in Environmental Crimes’.” Referred to Environmental Resources and Energy [Senate] (May 24, 2021).
SB 717 “An Act amending . . . the Environmental Hearing Board Act, further providing for definitions and for jurisdiction [‘Improving the Permit Appeals Process]’.” Referred to Environmental Resources and Energy [Senate] (May 28, 2021).
SB 718 “An Act amending . . . the Environmental Hearing Board Act, further providing for Environmental Hearing Board [‘Improving the Permit Appeals Process]’.” Referred to Environmental Resources and Energy [Senate] (May 28, 2021).
SB 681 “An Act amending the . . . Tax Reform Code of 1971, in tax credit eligibility, providing for temporary carry-forward allowance [‘Tax Credit Changes to Help Businesses Recover from COVID-19 Pandemic’].” Re-referred to Appropriations [Senate] (May 26, 2021).
SB 682 “An Act amending the . . . Tax Reform Code of 1971, in keystone innovation zones, further providing for definitions [‘Tax Credit Changes to Help Businesses Recover from COVID-19 Pandemic’].” Re-referred to Appropriations [Senate] (May 26, 2021).
SB 725 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for classes of licenses; and in commercial drivers, further providing for requirement for commercial driver’s license [‘Exemption for Farmers from CDL Requirements’].” Referred to Transportation [Senate] (May 28, 2021).
HB 1307 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for vehicles exempt from registration [Multipurpose Agricultural Vehicles].” Laid on the table [House] (May 24, 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.” Removed from table [Senate] (May 24, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register May 24–28, 2021):
Agriculture Department
86 FR 28057 Notice, comments accepted: “Submission for OMB Review; Comment Request [Food and Nutrition Service: WIC Farmers’ Market Nutrition Program Forms and Regulations]” (May 25, 2021).
86 FR 28525 Notice, comments accepted: “Submission for OMB Review; Comment Request [Rural Housing Service: 7 CFR 1951-E, Servicing of Community and Direct Business Programs Loans and Grants]” (May 27, 2021).
86 FR 28525 Notice, comments accepted: “Submission for OMB Review; Comment Request [Agricultural Marketing Service: Dairy Products Mandatory Sales Reporting]” (May 27, 2021).
Agricultural Marketing Service
86 FR 28055 Notice—Comment Period: “Request for Extension and Revision of a Currently Approved Information Collection” (May 25, 2021).
Commodity Futures Trading Commission
86 FR 28085 Notice: “Agricultural Advisory Committee [June 9, 2021]” (May 25, 2021).
Delaware River Basin Commission
86 FR 28262 Final Rule: “Regulatory Program Fees and Water Charges Rates” (May 26, 2021).
Environmental Protection Agency
86 FR 28097 Notice—Comment Period: “Pesticide Registration Review; Sulfuryl Fluoride Draft Interim Re-Entry Mitigation Measures and Registration Review Draft Risk Assessments for Sulfuryl Fluoride; Notice of Availability” (May 25, 2021).
86 FR 28275 Final Rule: “Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the York-Adams Area” (May 26, 2021).
86 FR 28829 Notice—Comment Period: “Dinotefuran; Receipt of Applications for Emergency Exemption, Solicitation of Public Comment” (May 28, 2021).
86 FR 28830 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients-May 2021” (May 28, 2021).
Farm Credit Administration
86 FR 27797 Final Rule—Comment Period: “Federal Agricultural Mortgage Corporation Disclosure and Reporting” (May 24, 2021).
Farm Service Agency
86 FR 28329 Notice—Comment Period: “Notice of Funds Availability; American Rescue Plan Act of 2021 Section 1005 Loan Payment (ARPA)” (May 26, 2021).
86 FR 28747 Notice—Comment Period: “Information Collection Request; Coronavirus Food Assistance Program” (May 28, 2021).
Fish and Wildlife Service
86 FR 27875 Notice: “Endangered and Threatened Species; Issuance of Enhancement of Survival and Incidental Take Permits for Safe Harbor Agreements, Candidate Conservation Agreements, Habitat Conservation Plans, and Recovery Activities, January 1, 2020, Through December 31, 2020” (May 24, 2021).
86 FR 28138 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Recovery Permit Applications” (May 25, 2021).
86 FR 28638 Notice: “Tijuana Estuary Tidal Restoration Program II, Phase I” (May 27, 2021).
86 FR 28884 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Draft Revised Recovery Plan for Houston Toad” (May 28, 2021).
Forest Service
86 FR 27825 Notice—Comment Period: “Information Collection; Volunteer Application and Agreement for Natural and Cultural Resources Agencies” (May 24, 2021).
86 FR 28526 Notice: “Payette National Forest; Idaho; Wildlife Conservation Strategy Forest Plan Amendment; Withdrawal of Notice of Intent To Prepare an Environmental Impact Statement” (May 27, 2021).
Land Management Bureau
86 FR 28886 Notice: “Virtual Wild Horse and Burro Advisory Board Meeting” (May 28, 2021).
Rural Business-Cooperative Service
86 FR 28526 Notice—Comment Period: “Notice of Funds Availability for the Rural Placemaking Innovation Challenge (RPIC) for Fiscal Year 2021” (May 26, 2021).
Small Business Administration
86 FR 28012 “Proposed Rule—Comment Period: Small Business Size Standards: Wholesale Trade; Retail Trade” (May 25, 2021).
86 FR 28670 Notice: “Presidential Declaration of a Major Disaster for Public Assistance Only for the State of West Virginia [Severe Storms and Flooding]” (May 27, 2021).
U.S. House Agriculture Committee
H.R.3532 “To require the Secretary of Agriculture to carry out a periodic wildfire assessment, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources (May 25, 2021).
H.R.3534 “To direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.” Referred to the Committees on Agriculture, Transportation and Infrastructure, Natural Resources, Energy and Commerce, and Education and Labor (May 25, 2021).
H.Res.427 “Encouraging the Department of Agriculture to lead efforts, in partnerships with States, localities, universities, and various farming and ranching groups, to prepare for the disruptive transformation of the entire agriculture industry.” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (May 26, 2021).
H.R.2049 “Repairing Existing Public Land by Adding Necessary Trees Act” or the “REPLANT Act.” Referred to the Subcommittee on Conservation and Forestry (May 26, 2021).
H.R.2061 “Advancing Emergency Preparedness Through One Health Act of 2021” Referred to the Subcommittee on Livestock and Foreign Agriculture (May 26, 2021).
H.R.2087 “Proudly Eliminating Liberal Objective Spending Items Rescissions Act of 2021” or the “PELOSI Rescissions Act of 2021.” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (May 26, 2021).
H.R.2099 “Secure Rural Schools Reauthorization Act of 2021.” Referred to the Subcommittee on Conservation and Forestry (May 26, 2021).
H.R.2102 “End Polluter Welfare Act of 2021” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (May 26, 2021).
H.R.3473 “To establish an expansive infrastructure program to create local jobs and raise the quality of life in every community, to launch middle class career pathways in infrastructure, and to invest in high-quality American jobs, and for other purposes.” Referred to the Subcommittee on Highways and Transit (May 26, 2021).
H.R.3527 “To promote innovative approaches to outdoor recreation on Federal land and to increase opportunities for collaboration with non-Federal partners, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment (May 26, 2021).
H.R.3617 “To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes.” Referred to the Committees on the Judiciary, Energy and Commerce, Agriculture, Education and Labor, Ways and Means, Small Business, Natural Resources, Oversight and Reform, and Transportation and Infrastructure (May 28, 2021).
H.R.3625 “To lift the trade embargo on Cuba, and for other purposes.” Referred to the Committees on Foreign Affairs, Ways and Means, Energy and Commerce, the Judiciary, Agriculture, and Financial Services (May 28, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
S.1830 “A bill to prevent childhood exposure to chlorpyrifos through certain school meal programs.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 26, 2021).
S.1831 “A bill to amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide electronic benefits transfer program for children during school closures, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 26, 2021).
S.1834 “A bill to amend the Child Nutrition Act of 1966 to clarify the availability and appropriateness of training for local food service personnel, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 26, 2021).
S.1855 “A bill to direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 26, 2021).
S.1908 “A bill 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 27, 2021).
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Top #AgLaw HotLinks May 24–28, 2021
Red Meat, Poultry Stocks Tighten, Brownfield
Texas Man Wins Court Case Against Meat Packer for Contracting COVID-19, Brownfield
USTR Moves Forward in Dairy Dispute Process, Brownfield
OIG Says EPA Improperly Approved Dicamba Products in 2018, Brownfield
Dicamba Settlement Deadline, May 28, Delta Farm Press
Ethanol Production, Stocks Recede, Brownfield
6 Things Farmers Should Know About Biden’s Climate Plan, Farm Progress
U.S. EPA To Keep Biofuel Mandates Steady In 2021-22 Due to Coronavirus -Sources, Reuters
The 180% Increase in Lumber Prices Explained, Farm and Dairy
Safe, Effective Trap for Spotted Lanternflies as Destructive Pest Hatch Escalates, Morning Ag Clips
Food Supply Chains Are Stretched as Americans Head Back to Restaurants, The Wall Street Journal
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
