Antitrust
Agricultural Law Weekly Review—February 27, 2023
Agricultural Labor: D.C. Court Declines to Enjoin 2022 H-2A Regulation Revisions 🌾
On February 16, 2023, the U.S. District Court for the District of Columbia issued a memorandum opinion denying a preliminary injunction against the November 14, 2022, H-2A final rule. National Council of Agricultural Employers v. United States Department of Labor, No:1:22-cv-03569-RC. The case alleges that the Biden Administration’s 2021 Inauguration Day withdrawal of the Trump Administration’s previous version of the H-2A final rule and publication of its own version on October 12, 2022, violated the Administrative Procedures Act (APA). The underlying legal challenge remains […]
Agricultural Law Weekly Review—Week Ending November 25, 2022
Biotechnology: USDA Secretary Releases Statement on U.S.-Mexico Corn Trade After Meeting with Mexican President 🌾
On November 28, 2022, the U.S. Department of Agriculture (USDA) Foreign Agriculture Service (FAS) published a statement from Secretary Tom Vilsack regarding a meeting with Mexican President Andrés Manuel López Obrador addressing his December 2020 decree, which called for the phased-out Mexican use of both glyphosate and genetically modified (GE) corn for human consumption by January 31, 2024. Mexican corn production is approximately 60% of its domestic consumption; corn is Mexico’s top imported U.S. agricultural commodity, and Mexico is the second […]
Agricultural Law Weekly Review—Week Ending October 28, 2022
Antitrust: Court Approves $42 Million Smithfield Settlement in Pork Antitrust Litigation 🌾
On October 19, 2022, the U.S. District Court for the District of Minnesota issued an order approving a $42 million settlement between Smithfield Foods Inc. and the commercial and institutional indirect purchasers in the civil class action pork price-fixing case, In Re Pork Antitrust Litigation, D. Minn., No. 18-cv-1776. This multi-district litigation is comprised of three separate class actions and classes of plaintiffs: (1) direct purchaser wholesalers; (2) commercial and institutional indirect purchasers; and (3) consumer indirect purchasers. Smithfield is currently in the process of gaining court […]
Agricultural Law Weekly Review—Week Ending July 29, 2022
Antitrust: Justice Department Files Complaint and Proposed Consent Decrees in Poultry Plant Worker and Contract Grower Compensation Conspiracy 🌾
On July 25, 2022, the United States Justice Department (DOJ) announced that it filed a civil antitrust complaint in the U.S. District Court for the District of Maryland alleging meat producers Cargill Inc., Cargill Meat Solutions Corporation, Sanderson Farms Inc. and Wayne Farms LLC conspired to suppress worker pay, together with data consulting firm Webber, Meng, Sahl and Company (WMS) and its President, G. Jonathan Meng. Additionally, the DOJ proposed ten-year consent decrees as to all defendants and
Agricultural Law Weekly Review—Week Ending March 11, 2022
Avian Influenza: Detections Now in Sixteen States 🌾
The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed highly pathogenic avian influenza (HPAI) detected in domestic poultry in the following states: Indiana—Feb. 8, 16, 23 (two separate premises) and 24 and Mar. 2 in commercial turkeys; Kentucky—Feb. 12 in commercial broiler chickens (broilers) and Feb. 15 in commercial turkeys; Virginia—Feb. 12 in mixed backyard poultry; New York—Feb. 19 and 24 (two separate premises) in various non-commercial poultry; Maine—Feb. 19 and 23 in backyard poultry; Delaware—Feb. 22 in broilers and laying hens (layers) and Mar. […]
Agricultural Law Weekly Review—Week Ending February 4, 2022
Antitrust: Federal Court Finds Pennsylvania Mushroom Cooperative Not Entitled to Antitrust Protection
On January 26, 2022, the U.S. District Court for the Eastern District of Pennsylvania issued an order and opinion holding that the American Mushroom Cooperative (AMC), formerly named “Eastern Mushroom Marketing Cooperative” (EMMC), was not entitled to protection under the Capper-Volstead Act, which exempts agricultural grower cooperatives from some antitrust laws. Winn-Dixie Stores, Inc. v. Eastern Mushroom Marketing Cooperative, Inc., No. 5:15-cv-06480-BMS. Winn-Dixie Stores, Inc. brought suit against EMCC/AMC in 2015, claiming that the entity’s members had conspired among themselves and third parties to fix mushroom […]
Agricultural Law Weekly Review – Week Ending November 26, 2021
Ag-Gag Statutes: Kansas Files for Supreme Court Review of its ‘Ag-Gag’ Law 🌾
On November 17, 2021, Kansas Governor Laura Kelly and Kansas Attorney General Derek Schmidt filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the U.S. Court of Appeals for the Tenth Circuit’s August 2021 decision that: (1) portions of the “Kansas Farm Animal and Field Crop and Research Facilities Protection Act (Act)” (Kan. Stat. Ann. § § 47-1825–47-1828) violate First Amendment free speech protections; and (2) Kansas is prohibited from enforcing § 47-187 (b), (c), and (d) of the […]
Agricultural Law Weekly Review – Week Ending November 12, 2021
Food Policy: Glasgow Climate Change Summit Includes Food Systems Initiatives 🌾
On November 13, 2021, the United Nations Climate Change Conference of the Parties (COP26) in Glasgow, Scotland concluded. Among the notable agricultural-related developments was the Glasgow Food and Climate Declaration, a declaration seeking all levels of government entities to become signatories and work in various ways towards, among other things, reducing greenhouse gas (GHG) emissions from food systems, in acknowledgment of a United Nations’ finding that food systems account for over one-third of global greenhouse gas emissions, and “the creation of resilient livelihoods for farm and food workers.” […]
Agricultural Law Weekly Review – Week ending November 5, 2021
COVID 19: OSHA Vaccination Mandate Issued and Immediately Stayed by Federal Court 🌾
On November 5, 2021, the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) published in the Federal Register, “COVID-19 Vaccination and Testing; Emergency Temporary Standard (86 FR 61402), an interim final rule that consists of an emergency temporary standard (ETS) immediately effective requiring employers of 100 or more employees by December 5, 2021, to “develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo […]
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 […]
