Environmental Policy
Agricultural Law Weekly Review—November 21, 2024
Avian Influenza: USDA Confirms first HPAI in Swine 🌾
On October 30, 2024, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency had confirmed the first detection of highly pathogenic avian influenza (HPAI/H5NI) in swine in the United States, located in an Oregon non-commercial backyard farming operation. According to the announcement, the premises included “a mix of poultry and livestock, including swine” that “shared water sources, housing, and equipment,” which the department states “has enabled transmission between species [in other states].” APHIS states that “the animals were not intended for the commercial […]
Agricultural Law Weekly Review—July 15, 2024
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- Tues. July 16: Overview of U.S. State Milk Pricing Systems, Part 2
- Wed. July 17: “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations 🌾
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the […]
Agricultural Law Weekly Review—July 3, 2024
Environmental Policy: Federal Agencies, USDA Publish 2024 Climate Adaptation Plans 🌾
On June 20, 2024, the White House announced the publication of updated Climate Adaptation and Resilience Plans, developed by twenty-four federal agencies. The agencies’ updated plans for 2024–2027 were developed in coordination with the White House Council on Environmental Quality (CEQ) and the Office of Management and Budget (OMB). In the U.S. Department of Agriculture’s (USDA) 2024–2027 Climate Adaptation Plan, also announced by the agency, USDA identifies numerous threats to agricultural productivity, water quality, lands, and infrastructure and outlines adaptation actions to address climate change […]
Agricultural Law Weekly Review—January 8, 2024
Animal Welfare: California’s Proposition 12 Fully Effective January 1, 2024, Producer Certification Required 🌾
On January 1, 2024, California’s Proposition 12 and implementing regulations became fully effective, establishing the state’s Animal Care Program and requiring third-party certification for producers (HSC §§ 25990-25994 and 3 CCR §§ 1320-1327.3). According to a publication from the California Department of Food and Agriculture (CDFA), as of January 1, 2024, (1) “[p]roducers are required to have a valid Certificate of Compliance,” (2) “[c]overed products sold are required to be from producers with valid Certificates of Compliance,” and (3) “[d]istributors are required to […]
Agricultural Law Weekly Review—November 6, 2023
Agricultural Labor: National Labor Relations Board Publishes Final Rule for New Joint Employer Status Test 🌾
On October 27, 2023, the National Labor Relations Board (NLRB) published in the Federal Register a final rule titled “Standards for Determining Joint Employer Status” (88 FR 73946), which replaces the previous 2020 rule (85 FR 11184). Also announced by NLRB, the final rule establishes that “an entity may be considered a joint employer of another employer’s employees if the two share or codetermine the employees’ essential terms and conditions of employment,” which the rule defines using seven categories: 1) “wages, benefits, […]
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—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—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 April 22, 2022
Water Quality: EPA Response Finds ‘No Confidence’ in PA’s Phase III WIP, Gives State 90 Days to Submit Additional Plans 🌾
On April 19, 2022, the U.S. Environmental Protection Agency (EPA) sent a letter to Pennsylvania Department of Environmental Protection (DEP) Secretary Patrick McDonnell responding to Pennsylvania’s draft amended Phase III Watershed Implementation Plan (WIP), submitted to EPA December 30, 2021. Although EPA “commend[s] . . . Pennsylvania for [its] “effort[s] to engage local leaders and stakeholders,” the letter identifies several deficiencies in Pennsylvania’s draft amended WIP and states that the plan “does not provide EPA with confidence that […]
Agricultural Law Weekly Review—Week Ending April 8, 2022
Agricultural Antitrust: Lawsuit Claims Dairy Farmers of America and Select Milk Conspired to Suppress Dairy Farmer Payments 🌾
On April 4, 2022, six New Mexico dairy cooperative members filed a complaint in the U.S. District Court for the District of New Mexico against Dairy Farmers of America (DFA) and Select Milk Producers, Inc. (Select), alleging that the defendant dairy cooperatives conspired to depress members’ raw milk price in violation of the Sherman Act (15 U.S.C. § 1). Othart Dairy Farms, LLC v. Dairy Farmers of America, Inc., No. 2:22-cv-00251. The plaintiffs claim that DFA and Select—who the plaintiffs […]
