Antitrust
Agricultural Law Weekly Review—week ending November 13, 2020
International Trade: EU Imposes Tariffs on U.S. Agricultural Products
On November 9, 2020, the European Commission announced the passage of Regulation 2020/1646, which levies a new 25% World Trade Organization (WTO)-authorized tariff on enumerated U.S. agricultural products (and 15% on U.S. aircraft products) in retaliation for U.S. tariffs on European Union (EU) exports. Agricultural product tariffs, including on a wide range of cheeses, are being bi-laterally utilized by both nations as retaliation for government subsidies to Airbus and Boeing respectively. On November 10, 2020, the primary trade organization of U.S. dairy cooperatives, National Milk Producers Federation, issued […]
Agricultural Law Weekly Review—week ending October 23, 2020
Animal Welfare: Ninth Circuit Upholds Denial of Injunction Against California’s Proposition 12
On October 15, 2020, the U.S. Court of Appeals for the Ninth Circuit issued a memorandum disposition affirming the U.S. District Court (USDC) for the Central District of California’s November 22, 2019, denial of a preliminary injunction against California’s Proposition 12. North American Meat Institute, et al. v. Becerra, et al., No. 19-56408. The underlying complaint remains pending before the district court. North American Meat Institute et al. v. Becerra, et al., 2:19-cv-08569. Proposition 12 requires that all pigs, veal calves and egg-laying hens housed in […]
Agricultural Law Weekly Review—week ending October 16, 2020
Antitrust: JBS Subsidiary Pilgrim’s Pride Pleads Guilty to Price-Fixing
On October 14, 2020, Pilgrim’s Pride Corporation (Pilgrim’s), a wholly-owned subsidiary of JBS S.A., issued an announcement stating that it has entered into a plea agreement with the U.S. Department of Justice (DOJ) regarding its involvement in broiler chicken price-fixing. According to the announcement, Pilgrim’s will pay $110,524,140 in exchange for no further charges if remaining in compliance with the plea agreement, which remains subject to approval from the U.S. District Court for the District of Colorado. United States v. Pilgrim’s Pride Corporation, No. 1:20-cr-00330. Multiple over parties remain […]
Agricultural Law Weekly Review—week ending October 9, 2020
Antitrust: U.S. Department of Justice Indicts Six More Poultry Executives Over Alleged Price Fixing
On October 7, 2020, the U.S. Department of Justice announced a grand jury indictment in the U.S. District Court for the District of Colorado of six additional poultry executives for conspiring to rig bids and fix prices of U.S. broiler chickens in violation of the Sherman Act: Timothy R. Mulrenin, William Vincent Kantola, Jimmie Lee Little, William Wade Lovette, Gary Brian Roberts, and Rickie Patterson Blake. United States v. Penn, No. 1:20-cr-00152. Four indictments were previously issued in the same proceeding. […]
Agricultural Law Weekly Review—week ending October 2, 2020
International Trade: USDA and FDA Sign MOU to Coordinate, Collaborate on Dairy Exports
On October 1, 2020, the U.S. Department of Agriculture’s (USDA) Foreign Agricultural Service (FAS), Agricultural Marketing Service (AMS), and the U.S. Food and Drug Administration (FDA) announced their establishment of a Memorandum of Understanding (MOU 225-20-017), indicating their intent to cooperate and collaborate regarding the export of milk and milk products from the United States. Under the MOU, FAS will lead communications with foreign governments while AMS will facilitate exports and issue dairy sanitary certificates. Additionally, FDA will verify the regulatory standing of milk producers and […]
Agricultural Law Weekly Review—week ending June 12, 2020
Pesticides: EPA Cancels Dicamba Product Registrations and That Action is Immediately Challenged in Court
On June 8, 2020, The U.S. Environmental Protection Agency (EPA) issued a “Final Cancellation Order,” effective retroactively to June 3, 2020, of the 2018 product registrations of dicamba herbicides Xtendimax, Engenia, and FeXapan in order to comply with the U.S. Court of Appeals for the Ninth Circuit’s (Ninth Circuit) June 3, 2020, decision invalidating those three registrations as having been granted in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA’s order states that existing stock in the possession of commercial […]
Agricultural Law Weekly Review – September 13, 2019
Water Quality: EPA Seeks Comment on Water Quality Trading Policy
On September 5, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced that the agency is seeking comment on guidance issued in the memorandum, Updating the EPA’s Water Quality Trading Policy to Promote Market-Based Mechanisms for Improving Water Quality. Specifically, EPA requests comment on one of the principles outlined in the memo which states that EPA “encourages simplicity and flexibility in implementing baseline concepts.” The memo asks stakeholders to consider the best way to apply the load allocation baseline in order to improve water quality. Under the Clean Water Act, […]
