Biotechnology
Agricultural Law Weekly Review – Week Ending August 27, 2021
Ag-Gag Statutes: Tenth Circuit Affirms Unconstitutionality of Kansas’s Ag-Gag Law 🌾
On August 19, 2021, the U.S. Court of Appeals for the Tenth Circuit issued an opinion affirming the district court’s injunction barring enforcement of key provisions of the Kansas Farm Animal and Field Crop and Research Facilities Protection Act (Act). Animal Legal Defense Fund, et al v. Kelly, et al, No. 20-3082; Animal Legal Defense Fund v. Kelly, No. 2:18-cv-02657 (D. Kan.). Sections (b), (c), and (d) of the Act criminalize “exercising control over,” recording on, and trespassing onto an animal facility “without effective consent of the […]
Agricultural Law Weekly Review – Week Ending August 13, 2021
Pesticides/Herbicides: California State Appellate Court Affirms Verdict in Pilliod v. Monsanto 🌾
On August 9, 2021, the Court of Appeal for the State of California issued an opinion affirming the jury verdict in a glyphosate products liability claim against Monsanto/Bayer. Pilliod et al. v. Monsanto Company, No. A158228. In 2019, a jury returned a verdict in favor of the plaintiffs, Alva and Alberta Pilliod, who alleged that their thirty-year use of Monsanto/Bayer’s glyphosate-based Roundup weed killer caused them both to develop non-Hodgkin’s lymphoma, in the amount of $2 billion but the trial court reduced it to $87 million on […]
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 […]
Agricultural Law Weekly Review – Week Ending May 28, 2021
Pesticides/Herbicides: Federal Court Rejects Bayer’s Proposed Partial Glyphosate Settlement, Bayer to Review Roundup Residential Use 🌾
On May 26, 2021, the U.S. District Court for the Northern District of California issued an order denying approval of Bayer’s $2 billion proposed class settlement to resolve a portion of current and future claims in the multi-district class action litigation, In re: Roundup Products Liability Litigation, No. 3:16-md-02741. The proposed settlement covered claims from two groups of Roundup users: those who have already been diagnosed with Non-Hodgins lymphoma (NHL) but have not filed a claim and those who have not been diagnosed […]
Agricultural Law Weekly Review – Week Ending May 14, 2021
Pesticides/Herbicides: Ninth Circuit Denies Bayer’s Appeal of Federal Jury’s Glyphosate Verdict 🌾
On May 14, 2021, the U.S. Court of Appeals for the Ninth Circuit issued a decision denying all grounds for appeal by Bayer (successor to Monsanto’s Roundup product liabilities) from a March 2019 $25.3 million adverse jury verdict in the U.S. District Court for the Northern District of California finding that Plaintiff Edwin Hardeman’s exposure to Monsanto’s glyphosate-containing Roundup products caused his non-Hodgkin’s lymphoma. Hardeman v. Monsanto, No. 19-16636, Ninth Circuit. While Bayer alleged multiple grounds for appeal, its primary legal arguments are that state products liability law […]
Agricultural Law Weekly Review – Week Ending April 23, 2021
WOTUS: EPA Administrator Testifies on WOTUS 🌾
On April 21, 2021, Environmental Protection Agency (EPA) Administrator Michael Regan testified about EPA’s approach to the presently applicable Navigable Waters Protection Rule before the House Committee On Appropriations, Subcommittee on Interior, Environment and Related Agencies. He stated, “What I’m pledging to do is begin a stakeholder-engagement process involving our ag community — farm bureau, ag CEOs, our environmental community — to look at the lessons learned and how we can move forward . . . that we can provide some certainty to the ag industry where we don’t overburden the small farmer […]
Agricultural Law Weekly Review – Week Ending April 16, 2021
COVID-19: Farmer to Families Food Box Program Ends; Fresh Produce Box Purchases and Dairy Donation Program Planned 🌾
According to statements made by Secretary Vilsack posted to USDA’s website on April 14, 2021, the Farmer to Families Food Box Program will be terminated at the close of April 2021 when the current funded vendor contracts end. On April 14. 2021, Reuters reported that USDA Communications Director Matt Herrick stated USDA is focused on different hunger initiatives, including expanding food stamp benefits and increasing food purchases through existing government food distribution programs. On April 9, 2021, USDA released a
Agricultural Law Weekly Review—Week Ending March 5, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Hear Commerce Clause Challenge to California’s Proposition 12 🌾
On February 26, 2021, the North American Meat Institute (NAMI) filed a petition for writ of certiorari with the U.S. Supreme Court requesting that it hear an appeal of the Ninth Circuit U.S. Court of Appeals’ decision that California’s Proposition 12 does not violate the U.S. Constitution’s Commerce Clause in establishing animal confinement standards for all pork and veal products sold in the state. A response is due from the California Attorney General by April 2, 2021. North American Meat Institute v. Xavier Becerra, […]
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 […]
Agricultural Law Weekly Review—week ending January 1, 2021
COVID-19: $900 Billion Appropriations Act Includes $13 Billion in COVID-19 Relief for Agriculture
On December 27, 2020, President Trump signed into law H.R.133, known as the “Consolidated Appropriations Act, 2021,” which appropriates $900 billion dollars in COVID-19 relief funding, approximately $13 Billion of which represents aid to agriculture in various forms. That represents 1.4% of the total relief funding bill. The list of aid under USDA’s jurisdiction includes a gross amount of $11.2 Billion allocated to the Office of the USDA Secretary for direct financial assistance to commodity producers. The balance is appropriated to various existing statutory programs […]
