Biofuels
Agricultural Law Weekly Review—Week Ending April 15, 2022
Avian Influenza: USDA Confirms HPAI in Pennsylvania Commercial Layer Flock 🌾
On April 16, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) confirmed highly pathogenic avian influenza (HPAI) in a commercial layer premise in East Donegal Township, Lancaster County, Pennsylvania. The positive sample was taken on April 14, 2022, at a Kreider Farms-operated facility housing approximately 1.4 million layers, tested positive at the Pennsylvania Veterinary Laboratory and then confirmed by the National Veterinary Services Laboratory in Ames, Iowa. PDA announced that it has quarantined, through an order of special quarantine, the affected farm […]
Agricultural Law Weekly Review—Week Ending April 8, 2022
Agricultural Antitrust: Lawsuit Claims Dairy Farmers of America and Select Milk Conspired to Suppress Dairy Farmer Payments 🌾
On April 4, 2022, six New Mexico dairy cooperative members filed a complaint in the U.S. District Court for the District of New Mexico against Dairy Farmers of America (DFA) and Select Milk Producers, Inc. (Select), alleging that the defendant dairy cooperatives conspired to depress members’ raw milk price in violation of the Sherman Act (15 U.S.C. § 1). Othart Dairy Farms, LLC v. Dairy Farmers of America, Inc., No. 2:22-cv-00251. The plaintiffs claim that DFA and Select—who the plaintiffs […]
Agricultural Law Weekly Review—Week Ending January 14, 2022
COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule 🌾
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of Independent Business, et al., v. OSHA et al., Nos. 21A244 and 21A247. The stay will be in effect until the cases are finally concluded in the federal courts. The cases were also remanded back to the Sixth Circuit Court of Appeals for disposition on […]
Shale Law Weekly Review—Week of November 8, 2021
GHG Emissions: The U.S. Supreme Court Grants Petitions for Writs of Certiorari Asking Review of EPA’s Authority over Regulation of GHG Emissions from Power Plants
On October 29, 2021, the U.S. Supreme Court agreed to hear multiple petitions for review of the U.S. Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from power plants under the Clean Air Act (CAA). The petitions have been consolidated under docket No. 20-1530. The state of North Dakota (No. 20-1780) along with nineteen (19) other states (No. 20-1530), the North American Coal Corporation (No. 20-1531) and Westmoreland Mining Holdings, LLC (No. 20-1778) […]
Agricultural Law Weekly Review – Week Ending October 8, 2021
Biofuels: Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur 🌾
On October 7, 2021, biofuel advocacy group Growth Energy filed a petition for writ of certiorari in the U.S. Supreme Court, asking the court to review the U.S. Court of Appeals for the District of Columbia Circuit’s July 2021 vacatur of the U.S. Environmental Protection Agency’s (EPA) rule allowing year-round sales of fifteen percent ethanol fuel blend (E15). Growth Energy v. American Fuel & Petrochemical Manufacturers, et al., No. 21-519. Growth Energy previously filed for a rehearing of the case, which was denied by […]
Agricultural Law Weekly Review – Week Ending September 10, 2021
Antitrust: White House Announces Intent to Address Effects on Consumers, Farmers and Ranchers of Meat Processing Industry Consolidation 🌾
On September 8, 2021, The White House published a policy outline on its official website titled “Addressing Concentration in the Meat-Processing Industry to Lower Food Prices for American Families” and conducted a Press Briefing with Agriculture Secretary Vilsack and National Economic Council Director Brian Deese in support. According to the document and Press Secretary Jen Psaki, the administration will address the following: (a) a “corporate consolidation problem with meat-processing giants;” (b) measures to reduce consumer prices and increase farmer and rancher […]
Agricultural Law Weekly Review – Week Ending August 20, 2021
Pesticides/Herbicides: EPA Invalidates all Chlorpyrifos Tolerance Levels, Prohibits Use on Food 🌾
On August 18, 2021, the U.S. Environmental Protection Agency (EPA) announced a final rule invalidating all “tolerances” for chlorpyrifos and stating the agency’s intent to cancel all registered food uses of the pesticide. The agency action responds to the April 29, 2021, order and June 21, 2021, mandate from the U.S. Court of Appeals for the Ninth Circuit, which ordered EPA to either correct or revoke chlorpyrifos tolerances and food-use registrations. LULAC, et al v. Michael Regan, et al, No. 19-71979. EPA states that […]
Agricultural Law Weekly Review – Week Ending July 30, 2021
Animal Welfare: Federal Appeals Court Upholds California’s Proposition 12 With Five Months Until Its Effective Date 🌾
On July 28, 2021, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Nat’l Pork Producers Council, et al v. Karen Ross, et al, No. 20-55631, holding that California’s Proposition 12 in-state production animal confinement standards and in-state sales restriction for products not produced in accordance with them, do not violate the United States Constitution’s Commerce Clause. In upholding Proposition 12’s constitutionality, the Court affirmed the earlier decision upholding Proposition 12 issued by the U. S. District Court for […]
Agricultural Law Weekly Review – Week Ending July 16, 2021
WOTUS: Federal Court Grants EPA Request to Remand and Leaves Navigable Waters Protection Rule in Place 🌾
On July 15, 2021, the U.S. District Court for the District of South Carolina issued an order granting the U.S. Environmental Protection Agency’s (EPA) motion to remand without vacatur the Navigable Waters Protection Rule: Definition of “Waters of the United States” (85 FR 22250) (NWPR). South Carolina Coastal Conservation League v. Wheeler, No. 2:20-cv-01687. The court, which had previously stayed the case to allow for the administration change and EPA review of the rule, declined to explain its ruling in […]
Agricultural Law Weekly Review – Week Ending July 2, 2021
Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 🌾
On June 28, 2021, the Supreme Court of the United States denied North American Meat Institute’s (NAMI) petition for certiorari from the refusal to grant an injunction against California’s Proposition 12 on the basis that it violates the U.S. Constitution’s Commerce Clause. North American Meat Institute v. Rob Bonta, Attorney General of California, et al., No. 20-1215. Proposition 12 establishes in-state animal confinement standards for egg-laying hens, veal calves, and breeding sows and prohibits the in-state sale of noncompliant products (included […]
