Conservation Programs
Agricultural Law Weekly Review—February 27, 2023
Agricultural Labor: D.C. Court Declines to Enjoin 2022 H-2A Regulation Revisions 🌾
On February 16, 2023, the U.S. District Court for the District of Columbia issued a memorandum opinion denying a preliminary injunction against the November 14, 2022, H-2A final rule. National Council of Agricultural Employers v. United States Department of Labor, No:1:22-cv-03569-RC. The case alleges that the Biden Administration’s 2021 Inauguration Day withdrawal of the Trump Administration’s previous version of the H-2A final rule and publication of its own version on October 12, 2022, violated the Administrative Procedures Act (APA). The underlying legal challenge remains […]
Agricultural Law Weekly Review—February 20, 2023
Food Labeling: Multidistrict Litigation Panel Consolidates Beyond Meat False Advertising Cases 🌾
On February 1, 2023, the U.S. Judicial Panel on Multidistrict Litigation issued a transfer order consolidating in the U.S. District Court for the Northern District of Illinois five cases alleging false advertising claims against Beyond Meat, Inc., which manufactures plant-based meat substitute products. In RE: Beyond Meat, Inc., Protein Content Marketing and Sales Practices Litigation, No. 1:23-cv-00669. According to the transfer order, the plaintiffs claim that Beyond Meat “(1) miscalculates and overstates its products’ protein content; (2) miscalculates and overstates the quality of the products’ protein, which […]
Agricultural Law Weekly Review—February 6, 2023
International Trade: U.S. Requests Second USMCA Arbitration Over Canada’s Dairy Tariff-Rate Quotas 🌾
On January 31, 2023, the Office of the U.S. Trade Representative (USTR) announced that the U.S. has requested—for the second time—that an arbitration panel adjudicate the U.S.’s claim that Canada’s administration of its dairy tariff-rate quotas (TRQ) violate the United States-Mexico-Canada Agreement (USMCA). A January 2022 arbitration panel decision found Canada’s TRQ eligibility criteria were a USMCA violation. According to the U.S., Canada’s resulting minimal change to TRQ eligibility does not remedy the underlying violation. The new arbitration request reasserts TRQ eligibility and adds TRQ allocation […]
Agricultural Law Weekly Review—Week Ending December 16, 2022
Agricultural Labor: Fifth Circuit Finds No Federal Jurisdiction In Worker Suit Against Swift Beef For Inadequate COVID Protections 🌾
On December 7, 2022, the U.S. Court of Appeals for the Fifth Circuit issued an opinion vacating and remanding the federal district court’s orders in an action filed by Swift Beef Company employees alleging that they contracted COVID-19 due to the company’s “fail[ure] to provide a safe work environment.” Garcia v. Swift Beef, No. 22-10050; Garcia v. Swift Beef Company, No. 2:20-cv-00263 (N.D. Tex). The case was originally filed in Texas state court but Swift Beef removed it claiming […]
Agricultural Law Weekly Review—Week Ending November 11, 2022
Agricultural Antitrust: Federal Court Denies Tyson’s Motion to Dismiss Poultry Renderers’ Antitrust Suit 🌾
On November 8, 2022, the U.S. District Court for the Northern District of Georgia issued an order denying a motion to dismiss filed by River Valley Ingredients, LLC; Tyson Poultry, Inc.; and Tyson Farms, Inc.—the defendants in an antitrust case filed by three southeast poultry rendering companies. American Proteins, Inc. v. River Valley Ingredients, LLC, No. 2:22-cv-00091. According to the complaint, filed May 11, 2022, River Valley and Tyson acquired ten-year exclusive contracts with Wayne Farms and Koch Foods, two of the plaintiff […]
Agricultural Law Weekly Review—Week Ending October 28, 2022
Antitrust: Court Approves $42 Million Smithfield Settlement in Pork Antitrust Litigation 🌾
On October 19, 2022, the U.S. District Court for the District of Minnesota issued an order approving a $42 million settlement between Smithfield Foods Inc. and the commercial and institutional indirect purchasers in the civil class action pork price-fixing case, In Re Pork Antitrust Litigation, D. Minn., No. 18-cv-1776. This multi-district litigation is comprised of three separate class actions and classes of plaintiffs: (1) direct purchaser wholesalers; (2) commercial and institutional indirect purchasers; and (3) consumer indirect purchasers. Smithfield is currently in the process of gaining court […]
Agricultural Law Weekly Review—Week Ending September 2, 2022
Agricultural Data: USDA Announces 2022 Census of Agriculture Details 🌾
On August 29, 2022, the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS) announced that the agency will soon be mailing and accepting questionnaires for the 2022 Census of Agriculture. The Census of Agriculture includes all sizes of urban and rural farm operations that produced and sold at least $1,000 worth of agricultural products. The census will survey producers on multiple issues, including land use and ownership, producer characteristics, farming practices, and income and expenses. The 2022 survey contains new questions on hemp production, hair sheep, […]
Agricultural Law Weekly Review—Week Ending August 19, 2022
National Agriculture Policy: Inflation Reduction Act Signed Into Law
On August 16, 2022, President Joe Biden signed into law H.R.5376, known as the “Inflation Reduction Act of 2022,” which appropriates $750 billion through 2031 for numerous federal programs, prioritizing renewable energy, climate, and healthcare initiatives. The Act allocates approximately $38 billion for agriculture and rural development, down from the previous November 2021 version of the bill, known as the Build Back Better Act, which would have provided $80 billion for agricultural programs. The 2022 Act includes
- $19.5 billion for conservation programs—$8.45 billion of which prioritizes diet […]
Agricultural Law Weekly Review – Week Ending October 22, 2021
Animal Welfare: Federal Court Refuses to Dismiss Suit to Compel USDA Regulations on Poultry Processing Plant Animal Handling 🌾
On October 13, 2021, the U.S. District Court for the Western District of New York issued a decision refusing to dismiss two animal welfare organizations’ lawsuit filed against the U.S. Department of Agriculture (USDA) for refusing to issue regulations governing live animal handling practices at poultry processing plants. Animal Welfare Institute et al. v. Perdue et al., No. 6:20-cv-06595. While the decision rests upon technical legal issues of standing and subject matter jurisdiction, the lawsuit, if successful, would compel USDA […]
Agricultural Law Weekly Review – Week Ending October 8, 2021
Biofuels: Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur 🌾
On October 7, 2021, biofuel advocacy group Growth Energy filed a petition for writ of certiorari in the U.S. Supreme Court, asking the court to review the U.S. Court of Appeals for the District of Columbia Circuit’s July 2021 vacatur of the U.S. Environmental Protection Agency’s (EPA) rule allowing year-round sales of fifteen percent ethanol fuel blend (E15). Growth Energy v. American Fuel & Petrochemical Manufacturers, et al., No. 21-519. Growth Energy previously filed for a rehearing of the case, which was denied by […]
