Agricultural Antitrust
Agricultural Law Weekly Review—June 17, 2024
Antitrust: USDA Publishes Poultry Grower, Dealer Proposed Rule 🌾
On June 10, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (89 FR 49002) pursuant to the Packers and Stockyards Act titled “Poultry Grower Payment Systems and Capital Improvement Systems.” Also announced by the USDA, the proposed rule would establish several requirements for live poultry dealers (LPDs) and agreements between LPDs and broiler growers. Particularly, the rule would “[p]rohibit LPDs from discounting or reducing a grower’s rate of compensation as disclosed in the broiler growing arrangement based on the […]
Agricultural Law Weekly Review—March 11, 2024
Agricultural Labor: Fifth Circuit Remands ‘Independent Contractor’ Rule Challenge to District Court, DOL January 2024 Rule Effective March 11, 2024 🌾
On February 19, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the district court’s decision and remanding a case challenging the U.S. Department of Labor’s (DOL) March 2021 delay (86 FR 12535) and May 2021 withdrawal (86 FR 24303) of the agency’s independent contractor rule, issued on January 7, 2021 (86 FR 1168) shortly before the change of administration. Coalition v. Su, No. 22-40316. The January 2021 […]
Agricultural Law Weekly Review—February 26, 2024
Explore the Center’s updated Waters of the United States Virtual Resource Room and Waters of the United States Issue Tracker!
Water Quality: Federal Court Vacates EPA, FWS Actions Allowing Florida to Assume Clean Water Act Wetland Authority 🌾
On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion granting summary judgment to the plaintiff environmental group and vacating the U.S. Fish and Wildlife Service’s (FWS) November 2020 “programmatic” biological opinion (BiOp) and incidental take statement (ITS), which supported the U.S. Environmental Protection Agency’s (EPA) December 2020 approval of Florida’s assumption of Clean […]
Agricultural Law Weekly Review—July 31, 2023
Dairy Policy: USDA Will Hold Hearing on Federal Milk Marketing Order Pricing 🌾
On July 24, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (88 FR 47396) announcing that, on August 23, 2023, the agency will hold a public hearing to discuss proposals to amend the pricing formula for all eleven Federal Milk Marketing Orders (FMMOs). According to an announcement from AMS, the agency has received 40 proposals, but during the hearing will only consider 21 proposals which “directly impact the uniform pricing formulas.” The proposals aim to […]
Agricultural Law Weekly Review—July 17, 2023
Conservation Programs: USDA Announces $300 Million, Draft Federal Strategy to Improve Greenhouse Gas Measurement and Carbon Sequestration 🌾
On July 12, 2023, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register (88 FR 44251) requesting public comment on an interagency draft report: Federal Strategy to Advance Measurement and Monitoring Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors. Additionally, USDA announced $300 million in available funding to “improve measurement, monitoring, reporting and verification of greenhouse gas emissions and carbon sequestration in climate-smart agriculture and forestry.” According to the announcement, the draft strategy […]
Agricultural Law Weekly Review—July 10, 2023
Agricultural Antitrust: Federal Court Denies Poultry Producers’ Motion to Dismiss, Antitrust Price-Fixing Litigation Will Continue to Trial 🌾
On June 30, 2023, the U.S. District Court for the Northern District of Illinois issued a memorandum opinion and order denying 23 of the 38 separately filed motions for summary judgment in the consolidated class-action case In re Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637. The court stated, “The evidence against the following Defendants is sufficient for a reasonable jury to find by a preponderance of the evidence that these defendants reached an agreement to restrict supply in order to increase price: […]
Agricultural Law Weekly Review—July 3, 2023
Food Labeling: USDA Issues Grant of Inspection to Upside Foods, Furthering Commercial Cell-Cultured Chicken Sales
On June 21, 2023, Upside Foods announced that the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued the company a Grant of Inspection (GOI), marking the completion of the pre-market regulatory review process required for the company to produce and sell its cell-cultured chicken in the United States. The USDA approval follows Upside’s receipt of a “No Questions” letter from the U.S. Food and Drug Administration (FDA) on November 16, 2022, and a label approval from USDA on June […]
Agricultural Law Weekly Review—March 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain 🌾
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller mixed species growers (7,000 birds or less) supplying East Coast live bird markets, but also including six (6) commercial production premises (turkey—3, ducks—2, and broilers—1). Twenty-three (23) of the detections have been in Lancaster County, as are the overwhelming majority of active control […]
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
Agricultural Law Weekly Review—January 16, 2023
Organic Agriculture: DOJ Indicts Multiple Companies and Individuals for Organic Fraud 🌾
On January 6, 2023, the U.S. Department of Justice announced the indictment of two Dubai-based agricultural companies and three Turkish residents for conspiring to export non-organic grain labeled as “organic” into the United States. The defendants are charged with conspiracy, smuggling, and wire fraud. According to the announcement, in 2016, the defendants “shipped 16,250 [metric tons] of non-organic soybeans falsely labeled as ‘organic’ from Turkey to the United States where they were sold for over $10 million.” The case is pending in the U.S. District Court for the […]
