Agricultural Labor
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—January 21, 2025
THIS WEEK: Webinar on Jan. 24, 2025, Understanding the Basics of Pennsylvania’s Carbon Sequestration Law
NEW: Farmland Energy Podcast, The Inflation Reduction Act and Agriculture (Jan. 14, 2025)
Dairy Policy: USDA Publishes Final Rule Amending Federal Milk Marketing Order Pricing Provisions 🌾
On January 17, 2025, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (90 FR 6600) amending the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs) after “separate producer referenda held in each of the 11 FMMOs obtained the necessary two-thirds vote in favor of adoption of […]
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—December 10, 2024
This Week:
- Understanding the Basics of Children, Minors & Farm Work, Fri. Dec. 13, 2024 @ noon ET
NEW:
- Farmland Energy Podcast: Dust Pollution in Rural Pennsylvania (Dec. 7, 2024)
Agricultural Labor: Two Federal Courts Block ‘Temporary Ag Workers’ Rule, Nationwide Stay Issued 🌾
On November 25, 2024, the U.S. District Court for the Southern District of Mississippi issued an order temporarily staying nationwide the U.S. Department of Labor’s (DOL) recent H-2A final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (89 FR 33898). Int’l Fresh Produce Assoc. v. U.S. […]
Agricultural Law Weekly Review—November 26, 2024
Avian Influenza: Pennsylvania Department of Agriculture Publishes Order Requiring Bulk Milk Testing 🌾
On November 20, 2024, the Pennsylvania Department of Agriculture (PDA) Secretary Russell Redding issued a general quarantine order—effective immediately and published in the Pennsylvania Bulletin on November 23, 2024 (54 Pa.B. 7570)—requiring bulk testing of milk from Pennsylvania farms for highly pathogenic avian influenza (HPAI). Also announced by PDA, the order requires all in-state milk processors “receiving bulk raw milk directly from a Pennsylvania dairy farm or milk cooperative” to “begin collecting and submitting samples of raw milk taken from each compartment of each […]
Agricultural Law Weekly Review—October 11, 2024
Agricultural Labor: Federal Court Partially Enjoins 2023 H-2A Adverse Effect Wage Calculation Rule 🌾
On September 18, 2024, the U.S. District Court for the Western District of Louisiana issued a memorandum opinion partially granting a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A adverse effect wage rate (AEWR) calculations to include data from non-agricultural occupations. Teche Vermilion Sugar Cane Growers Assoc. Inc v. Su, No. 6:23-cv-00831. In their complaint, the plaintiffs “challenge[d] the DOL’s decision to base the AEWR for H-2A workers who haul sugarcane from the field to […]
Agricultural Law Weekly Review—September 10, 2024
Deadline Extended! Register by Sept. 12, 2024, noon (ET) for the Pennsylvania Agricultural Law Symposium!
Pesticides: Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement 🌾
On August 15, 2024, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion reversing the lower court’s judgment—which was jointly stipulated by the parties for the purpose of appeal—and holding that the state-law duty to include a cancer warning label on the glyphosate-based herbicide Roundup is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). David Schaffner, Jr. v. Monsanto Corp, No. 22-3075; […]
Agricultural Law Weekly Review—July 15, 2024
This Week—Register Now!
- Tues. July 16: Overview of U.S. State Milk Pricing Systems, Part 2
- Wed. July 17: “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations 🌾
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the […]
Agricultural Law Weekly Review—June 26, 2024
This Friday! June 28, 2024: Understanding the Basics of the Clean Water Act & Agriculture
National Agriculture Policy: Federal Court Enjoins USDA’s ‘Socially Disadvantaged Farmers’ Consideration 🌾
On June 7, 2024, the U.S. District Court for the Northern District of Texas published a memorandum opinion and order enjoining the U.S. Department of Agriculture (USDA) from providing financial relief to farmers “based on its ‘socially disadvantaged farmer or rancher‘ designation” under the 2022 Emergency Relief Program (2022 ERP). Strickland v. USDA, No. 2:24-cv-00060. […]
