Biotechnology
Agricultural Law Weekly Review—April 15, 2024
Ag-Gag Statutes: Kentucky Legislature Passes ‘Agricultural Key Infrastructure Asset Trespass Law,’ Overrides Governor Veto 🌾
On April 12, 2024, the Kentucky legislature overrode the governor’s veto to pass into law Senate Bill 16, titled “An Act Relating to Agricultural Key Infrastructure Assets” (with votes totaling 32-6 in the House and 71-26 in the Senate). The law adds three types of facilities to the definition of “key infrastructure assets”—(1) “a commercial food manufacturing or processing facility,” (2) “an animal feeding operation,” and (3) “a concentrated animal feeding operation”—and establishes that a person “commits the offense of trespass upon key infrastructure […]
Agricultural Law Weekly Review—April 1, 2024
Air Quality: SEC Publishes ‘Climate-Related Disclosures for Investors’ Final Rule 🌾
On March 28, 2024, the U.S. Securities and Exchange Commission (SEC) published in the Federal Register a final rule (89 FR 21668) that will require U.S.-listed public companies “to provide certain climate-related information in their registration statements and annual reports.” Also announced by SEC, the rule will require companies to provide “information about a registrant’s climate-related risks that have materially impacted, or are reasonably likely to have a material impact on, its business strategy, results of operations, or financial condition.” According to the rule, “an agricultural producer or […]
Agricultural Law Weekly Review—December 4, 2023
International Trade: Panel Report Finds Canada’s Dairy Tariff-Rate Quotas ‘Not Inconsistent’ with USMCA 🌾
On November 10, 2023, the dispute settlement panel formed under the United States-Mexico-Canada Agreement (USMCA) published its final report concerning Canada’s dairy tariff-rate quota (TRQ) allocation measures. Also announced by the U.S. Trade Representative (USTR), the report concluded that “Canada’s measures are not inconsistent with the USMCA provisions cited by the United States.” However, “[a] dissenting panelist agreed with the United States that by excluding retailers and others, Canada was breaching its commitment to make its dairy TRQs available to all applicants active in the […]
Agricultural Law Weekly Review—November 6, 2023
Agricultural Labor: National Labor Relations Board Publishes Final Rule for New Joint Employer Status Test 🌾
On October 27, 2023, the National Labor Relations Board (NLRB) published in the Federal Register a final rule titled “Standards for Determining Joint Employer Status” (88 FR 73946), which replaces the previous 2020 rule (85 FR 11184). Also announced by NLRB, the final rule establishes that “an entity may be considered a joint employer of another employer’s employees if the two share or codetermine the employees’ essential terms and conditions of employment,” which the rule defines using seven categories: 1) “wages, benefits, […]
Agricultural Law Weekly Review—June 5, 2023
Farmland Preservation: Appraiser Pleads Guilty to Agricultural Conservation Easement Fraud 🌾
On May 12, 2023, the U.S. Department of Justice (DOJ) announced that a North Carolina land appraiser, Walter “Terry” Douglas Roberts II, pleaded guilty to fraudulently inflating the value of at least eighteen agricultural conservation easements “by at least 70%,” allowing landowners to claim fraudulent tax deductions. United States v. Lewis, No. 1:21-cr-00231 (N.D. Ga.). The DOJ stated that the inflated appraisals led to more than $460 million in fraudulent tax deductions that resulted in $129 million in lost tax revenue.
Dairy Policy: FMMO Petitions on Make Allowances Clarified
On […]
Agricultural Law Weekly Review—May 22, 2023
Water Quality: Consent Decree Directs Ohio EPA to Develop Western Lake Erie Watershed TDML 🌾
On April 25, 2023, the U.S. District Court for the Northern District of Ohio Toledo Division issued a consent decree directing the Ohio Environmental Protection Agency (Ohio EPA) to develop a Total Maximum Daily Load (TMDL) for the Maumee River Watershed. Environmental Law & Policy Center v. United States Environmental Protection Agency, No: 3:19-cv-00295. In February 2019, the plaintiffs filed a complaint alleging that the Ohio EPA failed to take proper action, or implement an effective TMDL, to combat phosphorus and other nutrient […]
Agricultural Law Weekly Review—May 15, 2023
Animal Welfare: U.S. Supreme Court Finds California’s Proposition 12 Swine Confinement Standards Constitutional as Applied to All California-Retailed Pork Regardless of State of Origin 🌾
On May 11, 2023, the U.S. Supreme Court issued a decision in the case of National Pork Producers Council, et al. v. Ross, et al., No. 21-468, affirming the decision of the Ninth Circuit Court of Appeals (No. 20-55631) and dismissing all claims that California’s Proposition 12 swine production confinement standards made applicable to all pork products sold in California, regardless of state-of-origin, violated the U.S. Constitution’s Commerce Clause.
Dairy Policy: NMPF Files FMMO […]
Agricultural Law Weekly Review—April 17, 2023
Water Quality: North Dakota Federal Court Enjoins WOTUS Final Rule in 24 States 🌾
On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction immediately effective in 24 states against the U.S. Environmental Protection Agency’s (EPA) January 2023 WOTUS Final Rule in West Virginia v. U.S. EPA, No. 3:23-cv-00032. In addition to a previously-issued federal court injunction issued in Texas, effective in Texas and Idaho, the new injunction is effective in Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, […]
Agricultural Law Weekly Review—April 3, 2023
Water Quality: U.S. Supreme Court Asked to Hear Appeal Interpreting Citizen Suit Authority Under Clean Water Act 🌾
On January 30, 2023, Dakota Finance LLC (dba Arabella Farms) filed a Petition for Writ of Certiorari with the U.S. Supreme Court in a case which may provide clarity to the applicability of the Clean Water Act (CWA)’s authority to pursue citizen suits when a state agency has already commenced enforcement action under a state law “comparable to” the Clean Water Act’s administrative penalty provisions. Dakota Finance LLC, dba Arabella Farm, et al. v. Naturaland Trust, et al. No. 22-720. […]
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
