Conservation Programs
Agricultural Law Weekly Review—November 20, 2023
Antitrust: DOJ Files Complaint, Proposed Consent Decree to Prohibit Koch Foods’ Contract Termination Penalty Fees 🌾
On November 9, 2023, the U.S. Department of Justice (DOJ) filed, in the U.S. District Court for the Northern District of Illinois, a complaint alleging that poultry producer Koch Foods, Inc. “anticompetitively and unfairly required chicken farmers, or growers, to pay Koch a termination penalty to switch from working for Koch to a rival chicken processor.” United States v. Koch Foods, No. 1:23-cv-15813. Also announced by DOJ, the complaint states that “Koch’s termination penalty . . amounted to more than half of […]
Agricultural Law Weekly Review—November 14, 2023
Pesticides/Herbicides: Circuit Court Rules California’s Glyphosate Warning Requirement Violates First Amendment 🌾
On November 7, 2023, the U.S. Court of Appeals for the Ninth Circuit released an opinion holding California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate violated the First Amendment of the U.S. Constitution. National Association of Wheat Growers v. Bonta, No. 20-16758. The court found that Proposition 65’s glyphosate warning requirement did not fall within the exceptions for compelled commercial speech under the First Amendment because the warning was “controversial” due to “a robust disagreement by reputable scientific sources” regarding the safety of glyphosate. […]
Agricultural Law Weekly Review—October 23, 2023
Ag-Gag Statutes: Supreme Court Denies Petition to Decide Whether First Amendment Protects ‘Newsgathering Activities’ in Non-Public Farm Areas 🌾
On October 16, 2023, the U.S. Supreme Court denied a petition for a writ of certiorari for a case seeking reversal of the U.S. Court of Appeals for the Fourth Circuit’s decision upholding parts of North Carolina’s Property Protection Act—but enjoining enforcement of the act for “newsgathering activities.” Stein v. People for the Ethical Treatment of Animals, Inc., No. 22-1150 (U.S.); PETA v. NC Farm Bureau, No. 20-1776 (4th Cir.). The Fourth Circuit’s opinion, which held that […]
Agricultural Law Weekly Review—October 9, 2023
Agricultural Labor: Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule 🌾
On September 26, 2023, the U.S. District Court for the Western District of North Carolina issued an order denying a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A wage rate calculations to include data from non-agricultural occupations. USA Farm Labor v. Su, No. 1:23-cv-00096. The court found that the plaintiff farm employer group “ha[d] not made an adequate showing . . . that the Agency has exceeded its statutory authority or that its construction of the […]
Agricultural Law Weekly Review—October 2, 2023
National Agricultural Policy: GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful 🌾
On September 20, 2023, the U.S. Government Accountability Office (GAO) published a decision concluding that the U.S. Department of Agriculture (USDA) “did not violate the [Commodity Credit Corporation (CCC)] Charter Act or the Antideficiency Act when it used CCC funds for programs that were not specifically included in its [FY 2021] budget submission to Congress” because the “Government Corporation Control Act (GCCA) does not require corporations to delineate specific programs in their budget submissions prior to carrying them out.” Additionally, the GAO decision found that […]
Agricultural Law Weekly Review—September 25, 2023
Pesticides: Federal Court Approves Settlement in 2011 EPA Pesticide Registration Dispute 🌾
On September 12, 2023, the U.S. District Court for the Northern District of California issued an order approving a stipulated settlement agreement between the U.S. Environmental Protection Agency (EPA) and plaintiff environmental groups, resolving a longstanding dispute over EPA’s registration of 382 pesticide active ingredients. Center for Biological Diversity v. Environmental Protection Agency, No. 3:11-cv-00293. Also announced by EPA, the settlement “resolves all outstanding claims” of the “megasuit,” filed in 2011 and partially settled in 2019, “which was ultimately reduced to 35 […]
Agricultural Law Weekly Review—July 31, 2023
Dairy Policy: USDA Will Hold Hearing on Federal Milk Marketing Order Pricing 🌾
On July 24, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (88 FR 47396) announcing that, on August 23, 2023, the agency will hold a public hearing to discuss proposals to amend the pricing formula for all eleven Federal Milk Marketing Orders (FMMOs). According to an announcement from AMS, the agency has received 40 proposals, but during the hearing will only consider 21 proposals which “directly impact the uniform pricing formulas.” The proposals aim to […]
Agricultural Law Weekly Review—July 24, 2023
Water Quality: States and EPA Jointly Move to Dismiss Chesapeake Bay Water Pollution Suit 🌾
On July 12, 2023, all parties involved in Chesapeake Bay Foundation v. Environmental Protection Agency filed in the U.S. District Court for the District of Columbia a joint stipulation notifying the court of the parties’ voluntary dismissal, without prejudice, of all claims. Chesapeake Bay Foundation v. EPA, No. 1:20-cv-02529. The case was initially filed in September 2020 by Maryland, Virginia, Delaware, the District of Columbia, and several environmental groups against EPA seeking to compel the agency to enforce Pennsylvania’s Chesapeake Bay nutrient and […]
Agricultural Law Weekly Review—July 17, 2023
Conservation Programs: USDA Announces $300 Million, Draft Federal Strategy to Improve Greenhouse Gas Measurement and Carbon Sequestration 🌾
On July 12, 2023, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register (88 FR 44251) requesting public comment on an interagency draft report: Federal Strategy to Advance Measurement and Monitoring Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors. Additionally, USDA announced $300 million in available funding to “improve measurement, monitoring, reporting and verification of greenhouse gas emissions and carbon sequestration in climate-smart agriculture and forestry.” According to the announcement, the draft strategy […]
Agricultural Law Weekly Review—June 26, 2023
Food Labeling: USDA Announces Antibiotic Sampling Project and Industry Guidance to Verify Animal-Raising Claims 🌾
On June 14, 2023, the U.S. Department of Agriculture (USDA) announced that the department’s Food Safety and Inspection Service (FSIS) and Agricultural Research Service (ARS) will take actions to verify animal-rising claims, like “raised without antibiotics,” “grass-fed,” and “free-range.” According to the announcement, the agencies will initiate a sampling project to determine antibiotic residues in cattle “raised without antibiotics” and FSIS will issue guidance “strongly encourage[ing] use of third-party certification” to justify animal-raising claims. USDA states that the results of the sampling project will “inform […]
