Agricultural Law Weekly Review – Week Ending July 16, 2021

WOTUS: Federal Court Grants EPA Request to Remand and Leaves Navigable Waters Protection Rule in Place 🌾
On July 15, 2021, the U.S. District Court for the District of South Carolina issued an order granting the U.S. Environmental Protection Agency’s (EPA) motion to remand without vacatur the Navigable Waters Protection Rule: Definition of “Waters of the United States” (85 FR 22250) (NWPR).  South Carolina Coastal Conservation League v. Wheeler, No. 2:20-cv-01687.  The court, which had previously stayed the case to allow for the administration change and EPA review of the rule, declined to explain its ruling in the one-page order, issued without an accompanying opinion.  According to EPA’s motion for remand, and as otherwise announced by the agency, EPA plans to initiate a new proposed rulemaking to amend or replace the NWPR while it remains pending in its initially promulgated form.  EPA has requested identical remand of the NWPR in many other legal challenges across the country.  This case appears to be the first to rule on the request to remand without vacatur.  For background, see ALWR—Week Ending June 11, 2021, “EPA Requests Remand and Announces Intent to Rewrite WOTUS Definition” and ALWR—week ending March 19, 2021, “Federal District Courts Stay Water Rule Challenges, Tenth Circuit Remands for Litigation.”

Biofuels: D.C. Circuit Court Remands 2019 Renewable Fuel Standard Rule to EPA
On July 16, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion remanding without vacatur the 2019 U.S. Environmental Protection Agency’s (EPA) rule, “Renewable Fuel Standard Program: Standards for 2019 and Biomass-Based Diesel Volume for 2020” (83 FR 63704; 40 CFR 80) (RFS). Growth Energy v. EPA, No. 19-1023.  The rule was challenged by several groups on varying grounds: renewable fuel producers and refiners claimed that the 2019 blending volumes were too low and too high, respectively, and argued for and against EPA enforcement of “lost” blending volume from 2016–2018 caused by retroactive small refinery exemptions that reduced total blended volumes for those years.  Lastly, environmental groups claimed EPA failed to comply with the Endangered Species Act (ESA).  The court dismissed the various opposing claims of the producers and refiners but agreed that EPA failed to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service and found EPA’s ESA effects determination arbitrary and capricious, remanding the rule back to EPA.  The court noted that the conversion of wetlands to biofuel cropland threatens the critical habitat of whooping cranes and causes excess nutrients to flow into the Gulf of Mexico, posing risk to Gulf sturgeon.

Water Quality: County of Maui Must Obtain Federal Clean Water Act Permit for Wastewater Injection Well Disposal
On July 15, 2021, upon remand from the U.S. Supreme Court, the U.S. District Court for the District of Hawaii issued an order granting summary judgment in favor of environmental groups and requiring the County of Maui to obtain a National Pollutant Discharge Elimination System (NPDES) permit for its subsurface discharges. Hawaii Wildlife Fund v. County of Maui, No. 1:12-cv-00198.  The County of Maui’s Lahaina Wastewater Reclamation Facility had been depositing effluent into injection wells, which were located a half mile from the Pacific Ocean.  The U.S. Supreme Court’s opinion in Hawaii Wildlife Fund v. County of Maui, 140 S. Ct. 1462 (2020), established that the Clean Water Act requires a NPDES permit “when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.”  To determine if the County of Maui’s injection well deposits were the “functional equivalent of a direct discharge,” the court deferred to the Supreme Court’s analysis and considered, among several other factors: (a) the pollutants’ transit time from the injection wells to the ocean; (b) the distance traveled; (c) the amount of the pollutant entering the ocean in relation to the amount leaving the point source; and (d) the volume of wastewater reaching the U.S. waters, all of which the court found weighed in favor of requiring a NPDES permit.  For background, see ALWR—April 30, 2020, “U.S. Supreme Court Decides Clean Water Act Permitting Case.”

Water Quality: Washington State Court Invalidates CAFO Permits
On June 29, 2021, a Washington State appeals court (the Court of Appeals of the State of Washington, Division II) issued an opinion reversing the 2018 approval by the state Pollution Control Hearings Board of the 2017 establishment of Confined Animal Feeding Operation (CAFO) permits by Washington’s Department of Ecology (Ecology).  Wash. State Dairy Federation, et al. v. Wash. State Pollution Control Hearings, No. 52952-1.  The Court remanded the matter to Ecology due to a laundry list of identified inadequacies with instructions to re-write the permits and approval criteria for (1) a state-only general waste discharge CAFO permit required by Washington’s Water Pollution Control Act; and (2) a combined permit satisfying the state law and the Clean Water Act-mandated National Pollutant Discharge Elimination System (NPDES).  Washington currently has 26 permitted CAFO operations.  Washington’s CAFO permit process was initiated after the Environmental Protection Agency found >20% of private wells testing positive for excess nitrogen levels in Yakima and Whatcom Counties.

Antitrust: Poultry Antitrust Plaintiffs File Motion to Approve $1.75 Million Tyson Settlement
On July 6, 2021, Representatives of the Commercial and Institutional Indirect Purchaser Plaintiffs (CIIPPs) Class filed in the U.S. District Court for the Northern District of Illinois a motion for preliminary approval of a $1.75 million class action settlement agreement with Tyson Foods and Hillshire Brands of alleged civil antitrust violations committed in turkey marketing. Sandee’s Catering v. Agri Stats, Inc., et al., No. 1:20-cv-02295.  According to the motion, Tyson will pay $1.75 million into an escrow account within fourteen days of the court’s approval and will provide “meaningful cooperation” to assist the Commercial and Institutional Indirect Purchaser Plaintiffs (CIIPPs) in pursuing their antitrust claims against the remaining defendant companies, including Butterball, Cargill, Hormel, and Perdue.

COVID-19: USDA Announces Pandemic Livestock Indemnity Program
On July 13, 2021, the U.S. Department of Agriculture (USDA) announced the Pandemic Livestock Indemnity Program, funded by the Consolidated Appropriations Act of 2021, which will provide payments to producers for the cost of depopulation and disposal of livestock and poultry lost between March 1, 2020, and December 26, 2020, due to lack of access to processing facilities as a result of the pandemic.  USDA will pay producers 80% of the fair market value for eligible livestock and poultry, including swine, chickens, and turkey.  According to USDA, however, pork producers are expected to be the primary recipients.  On July 19, 2021, the USDA’s Farm Service Agency (FSA) published the program’s notice of funding availability in the Federal Register (86 FR 37990).  Producers may apply with FSA from July 20, 2021, through September 17, 2021.  Contract growers, packers, and live poultry dealers are not eligible for payments.

National Agricultural Policy: USDA Seeks Comment on How to Spend $500 Million to Improve Meat and Poultry Processing
On July 16, 2021, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register titled, “Investments and Opportunities for Meat and Poultry Processing Infrastructure” (86 FR 37728).  The notice requests public comment on how USDA should spend $500 million “to improve infrastructure, increase capacity, and hasten diversification across the processing industry.”  The comment period closes August 30, 2021.  For background, see ALWR—Week Ending July 9, 2021, “USDA Announces Actions in Response to Executive Order on Competition.”

Agricultural Labor: Oregon and Washington Adopt Heat Safety Rules
On July 8, 2021, the Oregon state Occupational Safety and Health Administration announced an emergency rule requiring employers to implement heat stress prevention measures for indoor and outdoor worksites.  On July 9, 2021, Washington State Department of Labor and Industries announced a similar rule.  Oregon’s rule requires that when the heat index is 80 degrees Fahrenheit or above, employers must provide adequate drinking water and access to sufficient shade, as specified in the rule.  Once the temperature rises to 90 degrees Fahrenheit or more, employers must provide a ten-minute cool-down rest period every two hours.  Washington’s rule requires employer-provided drinking water and paid cool-down rest breaks when the temperatures is 89 degrees Fahrenheit or more, and mandates 10-minute breaks every two hours when the temperature is 100 degrees Fahrenheit or higher.

Animal Health: Pennsylvania Issues New Quarantine Orders for Swine Exhibition
On July 17, 2021, the Pennsylvania Department of Agriculture published a General Quarantine Order; Swine Exhibition Requirements (51 Pa.B. 3861) and Interstate and International Quarantine Order; Swine Exhibition Requirements (51 Pa.B. 3864) to prevent the spread of African Swine Fever (ASF).  The quarantine orders apply to live and dead swine and all “containers, goods, products or materials capable of harboring ASF” located within the state of Pennsylvania.  Both quarantine orders are immediately effective and remain in effect until rescinded or modified by subsequent quarantine order.  Similar African Swine Fever quarantine orders were published in June 2019 and January 2020, the most recent of which remained in effect until rescinded by the new July 17, 2021 orders.  A set of new provisions have been added for 2021 on the requirements of Swine Health Monitors to be appointed by fair boards or livestock show committees.

Conservation Programs: Pennsylvania Announces $13 Million in REAP Tax Credits
On July 14, 2021, the Pennsylvania Department of Agriculture (PDA) announced the 2021-22 availability of $13 million in first-come, first-served income tax credits through the Resource Enhancement & Protection Program (REAP) for landowners who implement best management practices (BMPs).   According to the REAP guidelines, the program will provide eligible landowners up to $250,000 in tax credits per operation within a seven-year window for 50–75% of qualified project costs, which includes the design, construction, and equipment for Nutrient Management and Manure Plans and Agricultural Erosion and Sediment Control Plans, among other plans and costs.  Landowners may use the tax credits as needed for up to fifteen years and may sell them after one year.  The State Conservation Commission will begin accepting applications for the 2021-22 program on August 2, 2021.

Center for Agricultural and Shale Law Programs & Resources:

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

Upcoming Events:

Quarterly Dairy Industry Legal Update Webinar, Tuesday, July 27, 2021, 12 noon–1 pm EST:
“Geographical Indications in International Dairy Trade,” with Chloe Marie, LL.M., Research Specialist.

Penn State News, Research & Resources:

Diversification in Supply Chain Crucial to Avoid ‘Food Shock’ in Cities (July 7, 2021)

When Fawns Perceive Constant Danger From Many Sources, They Almost Seem to Relax (July 14, 2021)

Other Agricultural Law/Policy Resources of Interest: 

Roger A. McEowen, Mailboxes and Farm Equipment (July 11, 2021).

Tiffany Lashmet, 2020 Texas Rural Land Value Trends Report Released (July 12, 2021).

Peggy Kirk Hall, Ohio Legislation on the Move (July 14, 2021)

Bay Journal, Push is On for ‘Green Amendments’ in Four Bay State Constitutions (July 14, 2021)

Brigit Rollins, New Law Changes Wetland Regulation in the State of Indiana (July 15, 2021).

Weekly Featured Graphics:

Agricultural Economic Insights, Farm Interest Rates Fall to Career Lows (July 19, 2021)

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Wolf Administration Announces $13 Million In Tax Credits To Improve Water Quality, Farm Sustainability (July 14, 2021).

Large-Scale Farm Show Complex Events To Resume By September (July 15, 2021).

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

USDA to Provide Pandemic Assistance to Livestock Producers for Animal Losses (July 13, 2021).

USDA Assists Farmers, Ranchers, and Communities Affected by Tropical Storm Elsa (July 14, 2021).

USDA Awards $12 Million in Record-Breaking Farm to School Grants, Releases New Data Showing Expansion of Farm to School Efforts (July 15, 2021).

USDA Announces Southeast Alaska Sustainability Strategy, Initiates Action to Work with Tribes, Partners and Communities (July 15, 2021).

USDA Agency Press Releases:

Agricultural Marketing Service

AMS Announces Upgrades to its Agricultural Transportation Open Data Visualization Platform (July 13, 2021).

USDA Announces Reopening of Pecan Marketing Order Continuance Referendum (July 13, 2021).

USDA Warns of Fraudulent Emails Misusing the PACA Name (July 16, 2021).

USDA Sets Dates for Blueberry Research and Promotion Program Continuance Referendum (July 16, 2021).

Pre-Solicitation Announcement for Section 32 Purchase of Pacific Seafood Items (July 16, 2021).

USDA Issues a Complaint Against Tom Agler Livestock and Related Businesses for Alleged Violations of the Packers and Stockyards Act (July 16, 2021).

USDA Lifts PACA Reparation Sanctions on New York Produce Business (July 16, 2021).

USDA Restricts PACA Violators in California, Nevada, New York and Puerto Rico from Operating in the Produce Industry (July 16, 2021).

USDA Files Action Against Ringer & Son Brokerage Co. Inc. in Colorado for Alleged PACA Violations (July 16, 2021).

USDA Cites Southern Produce Distributors Inc. in North Carolina for PACA Violations (July 16, 2021).

USDA Reaches a Consent Decision against Pete Blayne Burkhalter, d/b/a/ 4B Cattle for Packers and Stockyards Act Violations (July 16, 2021).

Agricultural Research Service

Microscopic Worms to the Cranberry Rescue (July 12, 2021).

USDA ARS and Collaborators Research Shows Innovative Technology to Treat Plant Pathogens and Pests (July 14, 2021).

Animal and Plant Health Inspection Service

APHIS Seeks Comments on Draft Pest Risk Assessment for Fresh Dragon Fruit for Consumption from Peru (July 12, 2021).

Proposal to Exempt Plants with Additional Modifications Produced Using Genetic Engineering That are Otherwise Achievable by Conventional Breeding (July 16, 2021).

APHIS Publishes Environmental Assessment on Release of Ganaspis brasiliensis for the Biological Control of Spotted-Wing Drosophila (July 16, 2021).

Economic Research Service

Tracking the U.S. Domestic Food Supply Chain’s Freshwater Use Over Time (July 2021).

Farm Service Agency

USDA Announces Dates for Conservation Reserve Program Grasslands Signups (July 12, 2021).

Food Safety and Inspection Service

Constituent Update—USDA Finalized Rule on the Inspection of Yak and Other Bovidae, Cervidae, and Camelidae Species (July 16, 2021)

Foreign Agricultural Service

Private Exporters Report Sales Activity for China (July 16, 2021).

National Agricultural Statistics Service

Agricultural Statistics Board Briefing—July Crop Production (July 12, 2021).

Risk Management Agency

RMA Authorizes Emergency Procedures to Help Drought-Impacted Producers (July 13, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 29—July 17, 2021):

Department of Agriculture

51 Pa.B. 3861 Notice: “General Quarantine Order; Swine Exhibition Requirements.”

51 Pa.B. 3864 Notice: “Interstate and International Quarantine Order; Swine Exhibition Requirements.”

Department of Environmental Protection

51 Pa.B. 3869 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.”

Milk Marketing Board

51 Pa.B. 3950 Notice: “Hearing and Presubmission Schedule for All Milk Marketing Areas; Over-Order Premium.”

Pennsylvania Legislature      

No new actions July 12–16, 2021.

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register July 12–16, 2021):

Agriculture Department

86 FR 36698 Notice, comments accepted: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: 2022 Census of Agriculture]” (July 13, 2021).

86 FR 37114 Notice: “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: On Farm Monitoring of Antimicrobial Use and Resistance in U.S. Broiler Production]” (July 14, 2021).

86 FR 37114 Notice: “Submission for OMB Review; Comment Request [Farm Service Agency: Representations for CCC and FSA Loans and Authorization to File a Financing Statement and Related Documents Under the Revised Article 9 of the Uniform Commercial Code]” (July 14, 2021).

86 FR 37274 Notice, comments accepted: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Hemp Acreage and Production Survey]” (July 15, 2021).

86 FR 37728 Notice, comments accepted: “Submission for OMB Review; Comment Request [Rural Utilities Service: Special Authority to Enable Funding of Broadband and Smart Utility Facilities Across Select Rural Development Programs]” (July 16, 2021).

86 FR 37731 Notice, comments accepted: “Submission for OMB Review; Comment Request [Rural Housing Service: Direct Single Family Housing Loan and Grant Program]” (July 16, 2021).

86 FR 37728 Notice—Comment Period: “Investments and Opportunities for Meat and Poultry Processing Infrastructure” (July 16, 2021).

Agricultural Marketing Service

86 FR 37213 Final Rule: “Grapes Grown in a Designated Area of Southeastern California; Increased Assessment Rate” (July 15, 2021).

86 FR 37669 Rule, referendum: “Blueberry Promotion, Research, and Information Order; Continuance Referendum” (July 16, 2021).

Animal and Plant Health Inspection Service

86 FR 37732 Notice—Comment Period: “Notice of Availability of an Environmental Assessment for Release of Ganaspis brasiliensis for Biological Control of Spotted-Wing Drosophila in the Continental United States” (July 16, 2021).

Farm Credit Administration

86 FR 37671 Rule: “Federal Agricultural Mortgage Corporation Disclosure and Reporting” (July 16, 2021).

Federal Emergency Management Agency

86 FR 37168 Notice: “Final Flood Hazard Determinations [Cal., Iowa, Mich., Va., Wash.]” (July 14, 2021).

86 FR 37171 Notice: “Final Flood Hazard Determinations [Iowa, Mich., Minn., Neb.]” (July 14, 2021).

86 FR 37167 Notice—Comment Period: “Proposed Flood Hazard Determinations [Mich.]” (July 14, 2021).

86 FR 37173 Notice—Comment Period: “Proposed Flood Hazard Determinations [New Mexico]” (July 14, 2021).

86 FR 37760 Notice: “Changes in Flood Hazard Determinations [Ala., Ark., Colo., Fla., Ga., Md., Okla., Pa., Tex., Va.]” (July 16, 2021).

Federal Trade Commission

86 FR 37022 Final Rule: “Made in USA Labeling Rule” (July 14, 2021).

Fish and Wildlife Service

86 FR 36572 Notice—Comment Period: “Administrative Procedures for U.S. Fish and Wildlife Service Financial Assistance Programs” (July 12, 2021).

86 FR 36570 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Draft Revised Recovery Plan for Gila Trout” (July 12, 2021).

86 FR 36678 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Pearl Darter” (July 13, 2021).

86 FR 36759 Notice—Comment Period: “Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) and Junior Duck Stamp Contests” (July 13, 2021).

86 FR 36762 Notice—Comment Period: “Agency Information Collection Activities; National Wildlife Refuge Special Use Permit Applications and Reports” (July 13, 2021).

86 FR 37091 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Reclassification of the Palo de Rosa from Endangered to Threatened with Section 4(d) Rule” (July 14, 2021).

86 FR 37410 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Rufa Red Knot (Calidris canutus rufa)” (July 15, 2021).

86 FR 37854 “Migratory Bird Hunting; Final 2021-22 Frameworks for Migratory Bird Hunting Regulations, and Special Procedures for Issuance of Annual Hunting Regulations” (July 16, 2021).

Food and Drug Administration

86 FR 36559 Notice—Comment Period: “Oversight of Food Products Covered by Systems Recognition Arrangements; Draft Guidance for Food and Drug Administration Staff; Availability” (July 12, 2021).

86 FR 37037 Final Rule, comments accepted: “Food Additives Permitted in Feed and Drinking Water of Animals; Guanidinoacetic Acid” (July 14, 2021).

86 FR 37035 Final Rule, comments accepted: “Food Additives Permitted in Feed and Drinking Water of Animals; Selenomethionine Hydroxy Analogue” (July 14, 2021).

Food and Nutrition Service

86 FR 37280 Notice—Comment Period: “Agency Information Collection Activities: Special Supplemental Nutrition Program for Women, Infants and Children (WIC); Food Delivery Portal (FDP)” (July 15, 2021).

86 FR 37733 Notice: “National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates” (July 16, 2021).

Food Safety and Inspection Service

86 FR 37216 Final Rule: “Inspection of Yak and Other Bovidae, Cervidae, and Camelidae Species” (July 15, 2021).

86 FR 37251 Proposed Rule—Comment Period: “Establishing a Uniform Time Period Requirement and Clarifying Related Procedures for the Filing of Appeals of Agency Inspection Decisions or Actions” (July 15, 2021).

86 FR 37274 Notice-Comment Period: “Notice of Request for a New Information Collection: Overtime and Holiday Inspection Fees for Small and Very Small Establishments” (July 15, 2021).

86 FR 37276 Notice-Comment Period: “Overtime and Holiday Inspection Fee Reductions for Small and Very Small Establishments” (July 15, 2021).

Forest Service

86 FR 36698 Notice—Comment Period: “Information Collection; Clearance for the Stewardship Mapping and Assessment Project (STEW-MAP)” (July 13, 2021).

86 FR 36700 Notice: “Directive Publication Notice [Forest Service Manual]” (July 13, 2021).

Environmental Protection Agency

86 FR 37324 Notice: “Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations” (July 15, 2021).

Presidential Documents

86 FR 36987 Executive Order: “Promoting Competition in the American Economy” (July 14, 2021).

Small Business Administration

86 FR 37397 Notice: “Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of Mississippi” (July 15, 2021).

U.S. House Agriculture Committee      

H.R.4375 “To provide funding to rehabilitate, retrofit, and remove the Nation’s dams to improve the health of the Nation’s rivers, improve public safety, and increase clean energy production, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment (July 12, 2021).

H.R.2049 “Repairing Existing Public Land by Adding Necessary Trees Act or the REPLANT Act” Subcommittee Hearings Held (July 13, 2021).

H.R.2816 “Legacy Roads and Trails Act” Subcommittee Hearings Held (July 13, 2021).

H.R.3211 “Joint Chiefs Landscape Restoration Partnership Act of 2021” Subcommittee Hearings Held (July 13, 2021).

H.R.3370 “Broadband Permitting Modernization Act” Referred to the Subcommittee on Conservation and Forestry (July 13, 2021).

H.R.3678 “Drug Testing for Welfare Recipients Act” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 13, 2021).

H.R.4415 “To direct the Secretary of Agriculture to release certain reversionary interests of the United States in and to a parcel of land located in Henderson, Tennessee.” Referred to the House Committee on Agriculture (July 13, 2021).

H.R.3113 “Modernizing Access to our Public Land Act or the MAPLand Act” Ordered to be Reported (Amended) by Unanimous Consent (July 14, 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.” Ordered to be Reported (Amended) by Unanimous Consent (July 14, 2021).

H.R.4421 “To place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment (July 14, 2021).

H.R.3784 “Advancing IoT for Precision Agriculture Act of 2021” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (July 15, 2021).

H.R.3790 “Rural Forest Markets Act of 2021” Referred to the Subcommittee on Conservation and Forestry (July 15, 2021).

H.R.3822 “Allowing Steady Savings by Eliminating Tests Act or the ASSET Act” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (July 15, 2021).

H.R.3835 “Processing Revival and Intrastate Meat Exemption Act or the PRIME Act” Referred to the Subcommittee on Livestock and Foreign Agriculture (July 15, 2021).

H.R.4443 “To require the designation of composting as a conservation practice and activity, and to provide grants and loan guarantees for composting facilities and programs, and for other purposes.” Referred to the House Committee on Agriculture (July 16, 2021).

H.R.4456 “To provide for agricultural economic injury disaster loans, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Ways and Means (July 16, 2021).

H.R.4489 “To amend the Act of June 20, 1958, to require that certain amounts collected by the United States with respect to lands under the administration of the Forest Service be invested into interest bearing obligations, and for other purposes.” Referred to the House Committee on Agriculture (July 16, 2021).

H.R.4492 “To establish an interagency forum for biodefense preparedness, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, Homeland Security, and Agriculture (July 16, 2021).

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

S.2330 “A bill to amend the Rural Electrification Act of 1936 to clarify certain matters relating to State funding, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 13, 2021).

S.2332 “A bill to place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes.” .” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (July 13, 2021).

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks July 12–16, 2021.   

Biofuels Industry Gets Hit With Second Court Blow in a Week, AGWEEK

Thompson Calling For Work To Start On Next Farm Bill, Brownfield

Vilsack Says USDA Plans ‘Comprehensive Review’ of Meat Labeling, Brownfield

NAMI Opposes New Biden Executive Order, Brownfield

NCBA Says They’re Pleased With President’s Executive Order Tackling Competition Issues, Brownfield

Regulatory Approval Remains a Large Hurdle For Cell-Based Meat, Meat+Poultry

USDA Wants to Make Farms Climate-Friendly. Will it Work?, Food & Environment Reporting Network

USDA is Given Large Role in Biden Plan to Restore Competition, FERN’s Ag Insider

NPPC Urges Delay in Prop 12 Implementation, Feedstuffs

Sustainability Gaining Importance in Soybean Exports, Delta Farm Press

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