Biofuels
Agricultural Law Weekly Review – Week Ending June 11, 2021
WOTUS: EPA Requests Remand and Announces Intent to Rewrite WOTUS Definition 🌾
On June 9, 2021, the U.S. Environmental Protection Agency (EPA) filed a motion in litigation pending in the U.S. District Court for the District of Massachusetts requesting the remand without vacatur of the agency’s April 2020 Navigable Waters Protection Rule (NWPR) (85 FR 22250), defining “Waters of the United States” (WOTUS) under the Clean Water Act, for the express reason that EPA plans to attempt another re-write of the WOTUS definition. Conservation Law Foundation v. U.S. Environmental Protection Agency, No. 1:20-cv-10820. According to EPA’s accompanying
Agricultural Law Weekly Review – Week Ending May 21, 2021
Organic Agriculture: USDA AMS Reopens Comment Period on Origin of Livestock Rule Under National Organic Program 🌾
On May 12, 2021, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) posted in the Federal Register a proposed rule titled, “National Organic Program; Origin of Livestock; Reopening of Comment Period” (86 FR 25961). The posting re-opens the comment period for the April 2015 proposed rule requiring that organic milk products be derived from animals under “continuous organic management from the last third of gestation onward.” However, newly certified organic dairy producers may transition livestock into […]
Agricultural Law Weekly Review – Week Ending May 7, 2021
Chesapeake Bay: EPA Releases Evaluation of Draft Conowingo Watershed Implementation Plan 🌾
On May 6, 2021, the U.S. Environmental Protection Agency (EPA) announced that the agency had completed its evaluation of the draft Conowingo Watershed Implementation Plan (CWIP), which outlines a proposed plan to reduce 6 million pounds of nitrogen and 260,000 pounds of phosphorus added to the Conowingo Dam infill to compensate for the previously miscalculated capacity of the Conowingo Dam and reservoir to trap those nutrients accumulating behind the dam. According to EPA’s evaluation, the draft CWIP targets best management restoration practices “in the most effective […]
Agricultural Law Weekly Review—Week Ending March 26, 2021
COVID-19: USDA Announces New ‘Pandemic Assistance for Producers’ Initiative 🌾
On March 24, 2021, the U.S. Department of Agriculture announced its new $6 billion financial assistance initiative, USDA Pandemic Assistance for Producers. Combining existing programs with new spending, the initiative aims to resolve disparities in previous assistance distribution through a four-part agenda: 1) $6 billion in Consolidated Appropriations Act and unspent coronavirus funds for new program spending, including assistance for the Dairy Donation Program, biofuels, specialty crops, and farmworker personal protective equipment; 2) $500 million in additional existing program spending, including the Specialty Crop Block Grant Program and […]
Agricultural Law Weekly Review—Week Ending February 26, 2021
Antitrust: Court Grants Preliminary Approval of Civil Antitrust Settlement; Tyson and Pilgrim’s to Pay $155 Million 🌾
On February 25, 2021, the U.S. District Court for the Northern District of Illinois issued an order granting preliminary approval of the settlements between Defendants Pilgrim’s Pride Corp. and Tyson Foods and the Direct Purchaser Plaintiffs (DPPs) in the consolidated antitrust class action suit In re Broiler Chicken Antitrust Litigation (No. 1:16-cv-08637). According to the agreement, subject to a June 29, 2021 Fairness Hearing, Pilgrim’s will pay up to $75 million to the DPP Class, which it previously announced. See ALWR—week ending January 15, […]
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 January 22, 2021
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Industrial Hemp: USDA Publishes Final Hemp Rule
On January 19, 2021, the U.S. Department of Agriculture’s (USDA) Agriculture Marketing Service (AMS) published in the Federal Register a final rule titled “Establishment of a Domestic Hemp Production Program” (86 FR 5596), which completes the closely-followed process begun by the October 31, 2019 interim final rule to complete regulations governing domestic […]
Shale Law Weekly Review – Week of January 25, 2021
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Biofuels: Supreme Court to Hear Small-Refinery Exemption Appeal
On January 8, 2021, the U.S. Supreme Court granted a petition for writ of certiorari to hear an appeal of a January 24, 2020, decision from the U.S. Court of Appeals for the Tenth Circuit that invalidated the Environmental Protection Agency’s (EPA) grant of renewable fuel standard (RFS) small refinery exemptions. HollyFrontier […]
Agricultural Law Weekly Review—week ending January 8, 2021
COVID-19: USDA Announces Fifth Round of Food Box Purchases
On January 4, 2021, the U.S. Department of Agriculture announced a fifth round of food purchases of $1.5 billion for the Farmers to Families Food Box Program. The funding for this fifth round was provided through the COVID-19 relief funding legislation signed into law on December 27, 2020, the Consolidated Appropriations Act (see “$900 Billion Appropriations Act Includes $13 Billion in COVID-19 Relief for Agriculture,” ALWR—week ending January 1, 2021). USDA will solicit offers from more than 240 suppliers with previous Basic Ordering Agreements (BOA) and issue awards by January 19, 2021. USDA states that it will amend the BOA to include pre-cooked seafood products, which may now be combined […]
Agricultural Law Weekly Review—week ending November 27, 2020
Food Labeling: International Dairy Federation Publishes Dairy Terminology Standards Update
On November 18, 2020, the International Dairy Federation (IDF) announced the publication of an update to its General Standard for the Use of Dairy Terms (GSUDT), titled IDF Bulletin 507/2020: The Codex General Standard for the Use of Dairy Terms—Its nature, intent, and implications. IDF specifies in the bulletin that milk “refers to normal mammary secretion of milking animals obtained from one or more milkings” and that “dairy terms are reserved to milk and milk products conforming to this definition.” Along with the bulletin, which is intended as […]
