Biofuels
Agricultural Law Weekly Review—Week Ending July 22, 2022
Antitrust: Federal Poultry Processing Wage Suppression Suit Alleging National Conspiracy Survives Motions to Dismiss 🌾
On July 19, 2022, U.S. District Court for the District of Maryland issued an opinion on five motions to dismiss the third amended complaint in this 2019 putative class action case titled Judy Jein, et al. v. Perdue Farms, Inc., et al. No. 19-2521 (USDC MD), based upon Sherman Act antitrust violations on behalf of workers at various poultry processing plants. The class action alleges that the defendant manufacturers conspired to depress wages and share compensation data in order to do so. The twenty-six […]
Agricultural Law Weekly Review—Week Ending June 10, 2022
Avian Influenza: New Commercial HPAI Detections Plummet Nationally 🌾
As of June 13, 2022, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS)’s HPAI 2022 Confirmed Detections database confirmed a total of 369 highly pathogenic avian influenza (HPAI) detections in 36 states (186 commercial flocks and 183 backyard flocks), resulting in 40.09 million birds depopulated. Iowa leads the nation with 13.374 million birds depopulated in 15 infected commercial premises, however there have been no new detections in Iowa since May 4th and the Iowa Department of Agriculture has ended a moratorium on live bird exhibitions effective June […]
Agricultural Law Weekly Review—Week Ending May 6, 2022
Avian Influenza: HPAI Confirmed at Thirteen Pennsylvania Commercial Poultry Operations 🌾
Between April 15 through May 14, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed thirteen commercial poultry premise/flocks diagnosed with highly pathogenic avian influenza (HPAI) in Pennsylvania — 8 in Lancaster County and 5 in Berks County. All premises have been quarantined, through orders of special quarantine, all birds have been depopulated, totally 4.166 million birds) and composted on site. In addition, all commercial poultry facilities within a 10-kilometer (6.2 mile) radius of the infected premises became part of a “Control Zone” […]
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 […]
