Agribusiness
Agricultural Law Weekly Review—April 8, 2025
Next Week: Apr. 15, 2025, Quarterly Dairy Legal Webinar—Bovine Disease Controls: Federal and PA Laws & Regulations
Agribusiness: FinCEN Publishes Interim Final Rule Limiting BOI Reporting Requirement to Foreign Companies 🌾
On March 26, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) published in the Federal Register an interim final rule (90 FR 13688) to require only “foreign reporting companies” to report Beneficial Ownership Information (BOI) under the Corporate Transparency Act (CTA). According to the rule, “entities previously defined as ‘domestic reporting companies’ are exempted from the reporting requirements and do not have to report BOI to FinCEN, or […]
Agricultural Law Weekly Review—March 11, 2025
Water Quality: Supreme Court Holds ‘Generic Prohibitions’ Unauthorized by Clean Water Act 🌾
On March 4, 2025, the U.S. Supreme Court issued an opinion holding that the Clean Water Act (CWA) does not authorize the U.S. Environmental Protection Agency (EPA) to impose “generic prohibitions,” otherwise known as “end-result” provisions, in National Pollutant Discharge Elimination System (NPDES) permits. San Franscisco v. EPA, No. 21-7082. The majority reasoned that the plain meaning of the terms used in §1311(b)(1) of the CWA (“limitation,” “implement,” and “meet”) “suggest EPA must set specific rules permittees must follow to achieve water quality […]
Agricultural Law Weekly Review—March 4, 2025
This Week—Wed. Mar. 5: Compliance with New Federal and State Business Entity Informational Filing Requirements
Agribusiness: FinCEN Announces Pause on BOI Enforcement, Upcoming Interim Rule 🌾
On February 27, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) announced that the agency “will not issue any fines or penalties or take any other enforcement actions against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines,” which have been extended until March 21, 2025. FinCEN further states, “No fines or penalties will be issued, and no […]
Agricultural Law Weekly Review—February 25, 2025
This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline 🌾
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Act’s (CTA) Beneficial Ownership Information (BOI) reporting requirements. Smith v. United States Dep’t Treasury, No. 6:24-cv-00336. On February 19, 2025, the Financial Crimes Enforcement Network (FinCEN) published its response and updated BOI timeline, which states, “For the vast majority of reporting companies, the new deadline to […]
Agricultural Law Weekly Review—January 28, 2025
Agribusiness: Supreme Court Stays BOI Injunction But Reporting Requirements Still Paused 🌾
On January 23, 2025, the U.S. Supreme Court issued an opinion staying the U.S. District Court for the Eastern District of Texas’s December 5, 2025 injunction in Texas Top Cop Shop v. Garland and again reinstating the Corporate Transparency Act (CTA) and the act’s Beneficial Ownership Information (BOI) reporting requirements. James R. McHenry, III, Acting Attorney General, v. Texas Top Cop Shop, No. 24A653. However, another nationwide injunction of the law, issued in a separate case on January 7, 2025, is still effective. Smith v. United […]
Agricultural Law Weekly Review—January 7, 2025
Agribusiness: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government Files Petition for Certiorari 🌾
On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating its December 23 stay of the district court’s preliminary injunction of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements, reinstating the pause on the January 1, 2025 compliance deadline for entity owners to file with the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). See Agricultural Law in the Spotlight article: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government […]
Agricultural Law Weekly Review—December 20, 2024
Agribusiness: Federal Court Enjoins Corporate Transparency Act Ownership Reporting Requirement, January 1, 2025 Deadline Paused 🌾
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a memorandum opinion and order granting a preliminary injunction enjoining the federal government from enforcing the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements. Texas Top Cop Shop, Inc. v. Garland, No. 4:24-cv-00478. The court followed the reasoning identified in the March 2024 opinion in National Small Business United v. Yellen and determined that “the CTA is not justified by the Commerce Clause, nor […]
Agricultural Law Weekly Review—April 15, 2024
Ag-Gag Statutes: Kentucky Legislature Passes ‘Agricultural Key Infrastructure Asset Trespass Law,’ Overrides Governor Veto 🌾
On April 12, 2024, the Kentucky legislature overrode the governor’s veto to pass into law Senate Bill 16, titled “An Act Relating to Agricultural Key Infrastructure Assets” (with votes totaling 32-6 in the House and 71-26 in the Senate). The law adds three types of facilities to the definition of “key infrastructure assets”—(1) “a commercial food manufacturing or processing facility,” (2) “an animal feeding operation,” and (3) “a concentrated animal feeding operation”—and establishes that a person “commits the offense of trespass upon key infrastructure […]
Agricultural Law Weekly Review—February 5, 2024
Agribusiness: Kubota Enjoined from Labeling Imported Products as ‘Made in USA,’ Will Pay $2 Million 🌾
On January 25, 2024, the U.S. District Court for the Northern District of Texas issued a stipulated order permanently enjoining Kubota North America from claiming that its products are “Made in the United States” (MUSA) when the products do not comply with the “Made in USA Labeling Rule” (16 C.F.R. Part 323). United States v. Kubota North America Corporation, No. 3:24-cv-00159. According to a complaint filed by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), Kubota “incorrectly […]
Agricultural Law Weekly Review—January 24, 2024
National Agricultural Policy: Continuing Resolution Funds Government, Agriculture Until March 1, 2024 🌾
On January 19, 2024, President Joe Biden signed into law continuing resolution H.R.2872, which maintains the funding levels established in the 2023 Consolidated Appropriations Act (P.L. 117–328) for “Agriculture, Rural Development, Food and Drug Administration, and Related Agencies” and other government programs and agencies until March 1, 2024. The programs were previously funded through January 19, 2024, under continuing resolution H.R.6363, passed November 16, 20223. Congress passed the continuing resolutions in the absence of a 2024 Consolidated Appropriations Act.
National Agricultural Policy: GAO Publishes Report on […]
