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Agricultural Law Weekly Review – Week Ending October 15, 2021
WOTUS: EPA and Department of the Army Announce Call for Stakeholder Roundtable Nominations 🌾
On October 13, 2021, the U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (Army) announced that they are seeking nominations for ten regional roundtables, two in each of five defined U.S. geographic regions (Northeast, Southeast, Midwest, West, and Southwest), to inform the agencies on the unique geographical contexts and impacts of “waters of the United States” (WOTUS) as EPA and Army develop a new WOTUS rule. The agencies invite stakeholders to identify and submit nominations proposing a participant roster of no more […]
Agricultural Law Weekly Review – Week Ending October 1, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Accept Appeal Challenging Constitutionality of California’s Proposition 12 🌾
On September 27, 2021, the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF) filed a petition for writ of certiorari in the U.S. Supreme Court seeking to have California’s Proposition 12 declared unconstitutional as a violation of the U.S. Constitution’s Commerce Clause. Proposition 12 in pertinent part prohibits the in-state sale of pork products from animals raised in a manner not compliant with California’s in-state swine confinement standards. National Pork Producers Council, et al. v. Karen Ross, No. 21-468. The […]
Agricultural Law Weekly Review – Week Ending September 17, 2021
Pennsylvania Senate Agriculture and Rural Affairs Committee Hearing: Utility Scale Solar Development and Agricultural Land in Pennsylvania, September 21, 2021, at 9:00 am. Agenda, witness list and live streaming are available here.
Antitrust: Minnesota Federal Court Denies All Motions to Dismiss Filed by Beef Packers in Consolidated Civil Antitrust Class Action Litigation 🌾
On September 14, 2021, the U.S. District Court for the District of Minnesota issued a memorandum opinion and order denying approximately twenty motions to dismiss in a large consolidated civil class action antitrust case wherein multiple plaintiffs allege multiple beef industry participants, acting individually and in […]
Agricultural Law Weekly Review – Week Ending September 10, 2021
Antitrust: White House Announces Intent to Address Effects on Consumers, Farmers and Ranchers of Meat Processing Industry Consolidation 🌾
On September 8, 2021, The White House published a policy outline on its official website titled “Addressing Concentration in the Meat-Processing Industry to Lower Food Prices for American Families” and conducted a Press Briefing with Agriculture Secretary Vilsack and National Economic Council Director Brian Deese in support. According to the document and Press Secretary Jen Psaki, the administration will address the following: (a) a “corporate consolidation problem with meat-processing giants;” (b) measures to reduce consumer prices and increase farmer and rancher […]
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 20, 2021
Pesticides/Herbicides: EPA Invalidates all Chlorpyrifos Tolerance Levels, Prohibits Use on Food 🌾
On August 18, 2021, the U.S. Environmental Protection Agency (EPA) announced a final rule invalidating all “tolerances” for chlorpyrifos and stating the agency’s intent to cancel all registered food uses of the pesticide. The agency action responds to the April 29, 2021, order and June 21, 2021, mandate from the U.S. Court of Appeals for the Ninth Circuit, which ordered EPA to either correct or revoke chlorpyrifos tolerances and food-use registrations. LULAC, et al v. Michael Regan, et al, No. 19-71979. EPA states that […]
Agricultural Law Weekly Review – Week Ending July 23, 2021
WOTUS: County of Maui Filing Requests Court to Follow EPA Guidance, No Need for NPDES Permit 🌾
On July 21, 2021, in response to the U.S. District Court for the District of Hawaii’s July 15, 2021 ruling that the County of Maui (County) must obtain a Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit for its wastewater injection well disposal, Defendant County of Maui filed an analysis of the Environmental Protection Agency’s (EPA) January 2021 guidance memorandum, “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 […]
Agricultural Law Weekly Review – Week Ending July 16, 2021
WOTUS: Federal Court Grants EPA Request to Remand and Leaves Navigable Waters Protection Rule in Place 🌾
On July 15, 2021, the U.S. District Court for the District of South Carolina issued an order granting the U.S. Environmental Protection Agency’s (EPA) motion to remand without vacatur the Navigable Waters Protection Rule: Definition of “Waters of the United States” (85 FR 22250) (NWPR). South Carolina Coastal Conservation League v. Wheeler, No. 2:20-cv-01687. The court, which had previously stayed the case to allow for the administration change and EPA review of the rule, declined to explain its ruling in […]
Agricultural Law Weekly Review – Week Ending July 9, 2021
Antitrust: White House Executive Order on Competition Features Agriculture Prominently 🌾
On July 9, 2021, President Biden issued an executive order titled, “Executive Order on Promoting Competition in the American Economy” requiring multiple executive agencies, including the U.S. Department of Agriculture, to assess industry practices, revise or promulgate regulations accordingly and develop and submit plans and analysis addressing topics of competition within their respective industries. The order also creates a White House Competition Council, which includes the Secretary of Agriculture (Secretary), to address unfair “concentration, monopolization, and unfair competition” in the U.S. economy. Specifically, according to the text of a […]
Agricultural Law Weekly Review – Week Ending June 11, 2021
WOTUS: EPA Requests Remand and Announces Intent to Rewrite WOTUS Definition 🌾
On June 9, 2021, the U.S. Environmental Protection Agency (EPA) filed a motion in litigation pending in the U.S. District Court for the District of Massachusetts requesting the remand without vacatur of the agency’s April 2020 Navigable Waters Protection Rule (NWPR) (85 FR 22250), defining “Waters of the United States” (WOTUS) under the Clean Water Act, for the express reason that EPA plans to attempt another re-write of the WOTUS definition. Conservation Law Foundation v. U.S. Environmental Protection Agency, No. 1:20-cv-10820. According to EPA’s accompanying
