Biotechnology
Agricultural Law Weekly Review—March 26, 2025
This Week: Fri. Mar. 28, 2025, Understanding the Basics of the Clean Water Act & Ag: Impaired Waters & TMDL Process
National Agricultural Policy: USDA Announces $10 Billion for Direct ECAP Payments 🌾
On March 18, 2025, the U.S. Department of Agriculture (USDA) announced (PDF) that the agency “is issuing up to $10 billion directly to agricultural producers through the Emergency Commodity Assistance Program (ECAP) for the 2024 crop year” to “help agricultural producers mitigate the impacts of increased input costs . . . falling commodity prices . . . and ‘market uncertainty.’” According to the announcement, the […]
Agricultural Law Weekly Review—March 18, 2025
Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees 🌾
On March 17, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order denying an administrative stay and upholding the district court’s preliminary injunction, which ordered the reinstatement of probationary employees at several federal agencies, including the U.S. Department of Agriculture (USDA). Am. Federation Gov. Empl., AFL-CIO v. U.S. Office of Personnel Management, No. 25-1677 (N.D. Ca. 3:25-cv-01780). The Ninth Circuit stated, “Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to […]
Agricultural Law Weekly Review—March 4, 2025
This Week—Wed. Mar. 5: Compliance with New Federal and State Business Entity Informational Filing Requirements
Agribusiness: FinCEN Announces Pause on BOI Enforcement, Upcoming Interim Rule 🌾
On February 27, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) announced that the agency “will not issue any fines or penalties or take any other enforcement actions against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines,” which have been extended until March 21, 2025. FinCEN further states, “No fines or penalties will be issued, and no […]
Agricultural Law Weekly Review—February 25, 2025
This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline 🌾
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Act’s (CTA) Beneficial Ownership Information (BOI) reporting requirements. Smith v. United States Dep’t Treasury, No. 6:24-cv-00336. On February 19, 2025, the Financial Crimes Enforcement Network (FinCEN) published its response and updated BOI timeline, which states, “For the vast majority of reporting companies, the new deadline to […]
Agricultural Law Weekly Review—January 14, 2025
NEW:
- Duer, Brook, and Paul Goeringer. “2024 Brought Unprecedented Zoonotic Disease Control Challenge as Well as Far-Reaching Questions of Legal Authority.” Southern Ag Today. Jan. 10, 2025.
- Farmland Energy Legal Podcast: “An Introduction to Foreign Ownership of Agricultural Land.” Jan. 7, 2025.
Avian Influenza: USDA Announces 28 States Enrolled in National Milk Testing Strategy, HHS Announces $306 Million for Avian Flu 🌾
On January 8, 2025, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that 15 additional states have enrolled in the National Milk Testing Strategy: Alabama, Arizona, Delaware, Iowa, Georgia, […]
Agricultural Law Weekly Review—January 7, 2025
Agribusiness: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government Files Petition for Certiorari 🌾
On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating its December 23 stay of the district court’s preliminary injunction of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements, reinstating the pause on the January 1, 2025 compliance deadline for entity owners to file with the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). See Agricultural Law in the Spotlight article: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government […]
Agricultural Law Weekly Review—December 20, 2024
Agribusiness: Federal Court Enjoins Corporate Transparency Act Ownership Reporting Requirement, January 1, 2025 Deadline Paused 🌾
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a memorandum opinion and order granting a preliminary injunction enjoining the federal government from enforcing the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements. Texas Top Cop Shop, Inc. v. Garland, No. 4:24-cv-00478. The court followed the reasoning identified in the March 2024 opinion in National Small Business United v. Yellen and determined that “the CTA is not justified by the Commerce Clause, nor […]
Agricultural Law Weekly Review—September 10, 2024
Deadline Extended! Register by Sept. 12, 2024, noon (ET) for the Pennsylvania Agricultural Law Symposium!
Pesticides: Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement 🌾
On August 15, 2024, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion reversing the lower court’s judgment—which was jointly stipulated by the parties for the purpose of appeal—and holding that the state-law duty to include a cancer warning label on the glyphosate-based herbicide Roundup is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). David Schaffner, Jr. v. Monsanto Corp, No. 22-3075; […]
Agricultural Law Weekly Review—August 9, 2024
Environmental Credit Trading: Pennsylvania Passes ‘Carbon Capture and Sequestration Act’ 🌾
On July 17, 2024, Pennsylvania Governor Josh Shapiro signed into law S.B. 831 (Act 87), titled the “Carbon Capture and Sequestration Act.” The law vests “ownership of all pore space in all strata below the surface lands and waters of th[e] Commonwealth . . . in the surface property interest owner above the pore space” and provides that “a conveyance of the surface ownership of real property shall be a conveyance of the pore space.” Additionally, the law directs the Environmental Quality Board to promulgate regulations for carbon […]
Agricultural Law Weekly Review—June 4, 2024
NEW Publication: HPAI in Dairy Cattle: Is Pasteurization Dairy’s Only Reliable Protection?, Southern Ag Today—Brook Duer, Center Staff Attorney
Related Webinar: July 17, 2024, “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?,” Staff Attorney Brook Duer Presents with the National Agricultural Law Center.
Water Quality: Supreme Court to Hear Challenge to Clean Water Act ‘Generic Prohibitions’ 🌾
On May 28, 2024, the U.S. Supreme Court granted a petition for writ of certiorari to hear an appeal of a July 2023 decision from the U.S. Court of Appeals for the Ninth Circuit, which […]
