Agricultural Transportation
Agricultural Law Weekly Review—July 29, 2024
Dairy Policy: USDA Publishes Proposed Rule to Amend Federal Milk Marketing Order Pricing 🌾
On July 15, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (89 FR 57580) “to amend the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs)” (AMS-DA-23-0031). Also announced by AMS, the agency issued the proposal following a hearing on the FMMO pricing formula, held August 2023–January 2024. The proposed rule recommends changes to five categories of milk pricing:
- “Milk Composition Factors: Update the factors to 3.3 percent true protein, 6 […]
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
Agricultural Law Weekly Review – Week Ending September 3, 2021
WOTUS: Arizona Federal Court Vacates 2020 Navigable Waters Protection Rule
On August 30, 2021, the U.S. District Court for the District of Arizona issued an order vacating and remanding the U.S. Environmental Protection Agency’s (EPA) 2020 Navigable Waters Protection Rule (NWPR) (85 FR 22250) which defined “Waters of the United States” (WOTUS) for the purposes of the Clean Water Act (CWA). Pasqua Yaqui Tribe v. EPA, No. 4:20-cv-00266. However, pursuant to the court’s order, the so-called 2019 “Repeal Rule,” which repealed the 2015 “Clean Water Rule” (80 FR 37053) and re-instated the pre-2015 regulations (84 FR […]
Agricultural Law Weekly Review—week ending February 12, 2021
Food Safety: New Swine Inspection System Suit Will Proceed to Trial 🌾
On February 4, 2021, the U.S. District Court for the Northern District of California issued an order denying dismissal of a suit challenging the U.S. Department of Agriculture’s (USDA) September 2019 “New Swine Inspection System” (NSIS) rule. Center for Food Safety v. Perdue, No. 4:20-cv-00256. For background on the rule, see ALWR—September 19, 2019, “USDA Announces Swine Slaughter Inspection Final Rule.” The suit, filed on January 13, 2020 by handful of varied political advocacy groups, alleges that the NSIS violates the Administration Procedure Act and the […]
Agricultural Law Weekly Review—week ending May 22, 2020
COVID-19: USDA Announces Details of Direct Payments Portion of Coronavirus Food Assistance Program
On May 19, 2020, U.S. Secretary of Agriculture Sonny Perdue announced the direct payments portion of the Coronavirus Food Assistance Program (RIN 0503-AA65), which will provide $16 billion in direct payments to producers of wool, livestock, dairy, and specialty and non-specialty crops who have experienced a “five-percent-or-greater price decline due to COVID-19.” Payments are limited to $250,000 “per person or entity” with exceptions for corporate entities of up to three shareholders who “contribute[] substantial labor or management” to operations. USDA will accept applications […]
Agricultural Law Weekly Review—April 9, 2020
Agricultural Transportation: FMCSA Extends Trucking Hours of Service Waiver
On April 8, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an extension and expansion of its COVID-19 emergency declaration, most notably extending its applicability to May 15, 2020. The declaration was originally issued on March 13, 2020, and previously expanded on March 18, 2020. Of particular importance to agriculture, it provides, among other things, a waiver of hours of service requirements for the transport of food, feed, livestock, and “immediate precursor raw materials . . . that are required to be used for the manufacture” of food.
Food Safety: FDA Shell […]
Agricultural Law Weekly Review—April 2, 2020
COVID-19 Pandemic: Congress Enacts Three Laws Providing Pandemic Assistance
Over the last few weeks, the U.S. Congress has enacted three new federal laws providing COVID-19 pandemic assistance benefits and programs to individuals and businesses, including agricultural stakeholders.
On March 5 and 6, 2020, respectively, Congress enacted and the President signed the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, H.R. 6074 (P.L. 116-123), providing $8.3 billion in emergency funding, which includes appropriations for several Small Business Administration (SBA) financial assistance and loan programs for which agricultural producers are eligible.
On March 18, 2020, Congress enacted and the President signed the Families First […]
Agricultural Law Weekly Review—July 11, 2019
Farmland Preservation: PA Governor Approves Agricultural Conservation Easement Legislation
On July 1, 2019, Pennsylvania Governor Tom Wolf approved legislation amending the Commonwealth’s Agricultural Area Security Law (AASL) to allow landowners to voluntarily surrender the right to construct an additional residence on land subject to a conservation easement (HB 370). Previously, AASL stated that a conservation easement “shall not prevent…[c]onstruction and use of structures on the subject land for the landowner’s principal residence or for the purpose of providing necessary housing for seasonal or full-time employees: Provided, That only one such structure may be constructed on no more than […]
Agricultural Law Weekly Review—July 4, 2019
Agricultural Policy: Seven Pennsylvania Agricultural Bills Become Law
On July 1, 2019, Pennsylvania Governor Tom Wolf approved seven different agricultural bills into law.
First, HB 1514 revised and re-established the existing Healthy Farms Healthy Schools program into the PA Farm-to-School Program. Now known as Act 34, the legislation seeks to educate students in pre-kindergarten through fifth grade about agriculture and “the importance of choosing healthy, locally produced foods.”
Second, HB 1516 created the Pennsylvania Rapid Response Disaster Readiness Account. Now known as Act 35, the legislation seeks to provide emergency funds to enable the PA Department of Agriculture to quickly respond […]
