Dairy Policy
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 6, 2021
Animal Welfare: Five U.S. Senators Introduce Federal Legislation to Stop Proposition 12
On August 5, 2021, a group of five U.S. Senators introduced S.2619, titled “Exposing Agricultural Trade Suppression” or “EATS Act,’’ seeking to erase the effect of the Ninth Circuit Court of Appeals’ July 28, 2021, ruling upholding California’s Proposition 12 and leaving in place its January 1, 2022 effective date. The bill proposes to prohibit states from imposing requirements on the “production of agricultural products sold or offered for sale in interstate commerce if the production . . . occurs in another state.” The bill was referred […]
Agricultural Law Weekly Review – Week Ending April 30, 2021
COVID-19: White House Reviewing OSHA’s Long-Delayed Emergency Temporary Standard
On April 26, 2021, according to a U.S. Department of Labor (DOL) spokesperson, Occupational Safety and Health Administration (OSHA) submitted to the White House an Emergency Temporary Standard (ETS) for the prevention of workplace COVID-19 transmission. President Biden’s January 21, 2021 Executive Order on Protecting Worker Health and Safety directed OSHA to decide upon the necessity of an ETS and submit it to the White House by March 15, 2021, however that action was long-delayed without official explanation. An ETS on this topic would represent the first mandatory federal government […]
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 February 26, 2021
Antitrust: Court Grants Preliminary Approval of Civil Antitrust Settlement; Tyson and Pilgrim’s to Pay $155 Million 🌾
On February 25, 2021, the U.S. District Court for the Northern District of Illinois issued an order granting preliminary approval of the settlements between Defendants Pilgrim’s Pride Corp. and Tyson Foods and the Direct Purchaser Plaintiffs (DPPs) in the consolidated antitrust class action suit In re Broiler Chicken Antitrust Litigation (No. 1:16-cv-08637). According to the agreement, subject to a June 29, 2021 Fairness Hearing, Pilgrim’s will pay up to $75 million to the DPP Class, which it previously announced. See ALWR—week ending January 15, […]
Agricultural Law Weekly Review—week ending January 29, 2021
Executive Branch Transition: White House Executive Order Directs Review of Previous Administration Actions, Cancels and Revokes Others
On January 25, 2021, President Biden published in the Federal Register Executive Order (EO) 13990, titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” 86 FR 7037 Among other things, the EO directs agency heads to immediately review all agency actions taken between January 20, 2017 and January 20, 2021 that “are or may be inconsistent with, or present obstacles to” the administration’s voluminous policies articulated in the EO. The agency heads shall consider suspending, revising […]
Agricultural Law Weekly Review—week ending December 11, 2020
Dean Foods Bankruptcy: Pennsylvania Milk Marketing Board Negotiates Nationwide Solution to Preference Payment Claims
On December 9, 2020, the Pennsylvania Milk Marketing Board (PMMB), partnering with the Pennsylvania Office of Attorney General, announced that it had negotiated with the St. Paul, Minnesota, law firm representing the Chapter 11 bankruptcy estate of Dean Foods, ASK LLP. As a result, the PMMB prepared, and posted on the PMMB website, forms which can be downloaded, completed by producers and milk haulers in any state in the country, and mailed to ASK LLP as soon as possible as a response to the […]
Agricultural Law Weekly Review—week ending August 7, 2020
COVID-19: Michigan Requires COVID-19 Testing for Agricultural Employees
On August 3, 2020, Michigan Department of Health and Human Services (MDHHS) announced the issuance of an Emergency Order by its director titled, “Mandatory Testing, Preventative Measures, and Safe Housing for Agricultural Workers.” Supported by the governor’s Executive Orders 2020-111 (June 1, 2020), 2020-137 (June 29, 2020), and 2020-161 (July 29, 2020), the Emergency Order requires agricultural employers and housing operators to provide COVID-19 testing for workers and residents. According to the order, housing operators must provide “one-time baseline testing” for all residents ages eighteen and over and […]
Agricultural Law Weekly Review—week ending July 17, 2020
Dairy Policy: PA Milk Marketing Board Executes Dean Foods Bond Claims
On July 8, 2020, the Pennsylvania Milk Marketing Board (PMMB) issued multiple consent orders establishing over $9.2 million in claims against the Milk Dealer Corporate Surety Bonds of four Dean Foods subsidiaries for failing to pay dairy farmer cooperative Dairy Farmers of America (DFA) for Pennsylvania-produced milk delivered to Dean Foods facilities during the course of the Dean Foods bankruptcy. Bond claims were filed against Dean Dairy Holdings, LLC ($900,198.79); Garelick Farms, LLC Burlington ($3,262,196.63); Suiza Dairy Group, LLC ($13,420.80); and Tuscan/Lehigh Dairies, Inc.— Lansdale and […]
Agricultural Law Weekly Review—week ending July 10, 2020
Pesticides: Plaintiffs Withdraw Class Settlement after Judge Expresses Doubt
On July 6, 2020, the U.S. District Court for the Northern District of California issued a pretrial order in the case In re: Roundup Products Liability Litigation, expressing doubt about the “propriety and fairness” of Monsanto/Bayer’s proposed $10 billion payment to settle most pending and all future glyphosate suits. The court articulated several specific concerns about the company’s proposed settlement of all future claims through a class action process with a panel of scientists deciding “whether and at what dose Roundup is capable of causing cancer.” The Court questioned the “appropriateness” […]
