Environmental Policy
Agricultural Law Weekly Review – Week Ending November 12, 2021
Food Policy: Glasgow Climate Change Summit Includes Food Systems Initiatives 🌾
On November 13, 2021, the United Nations Climate Change Conference of the Parties (COP26) in Glasgow, Scotland concluded. Among the notable agricultural-related developments was the Glasgow Food and Climate Declaration, a declaration seeking all levels of government entities to become signatories and work in various ways towards, among other things, reducing greenhouse gas (GHG) emissions from food systems, in acknowledgment of a United Nations’ finding that food systems account for over one-third of global greenhouse gas emissions, and “the creation of resilient livelihoods for farm and food workers.” […]
Agricultural Law Weekly Review – Week ending November 5, 2021
COVID 19: OSHA Vaccination Mandate Issued and Immediately Stayed by Federal Court 🌾
On November 5, 2021, the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) published in the Federal Register, “COVID-19 Vaccination and Testing; Emergency Temporary Standard (86 FR 61402), an interim final rule that consists of an emergency temporary standard (ETS) immediately effective requiring employers of 100 or more employees by December 5, 2021, to “develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo […]
Agricultural Law Weekly Review – Week Ending July 2, 2021
Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 🌾
On June 28, 2021, the Supreme Court of the United States denied North American Meat Institute’s (NAMI) petition for certiorari from the refusal to grant an injunction against California’s Proposition 12 on the basis that it violates the U.S. Constitution’s Commerce Clause. North American Meat Institute v. Rob Bonta, Attorney General of California, et al., No. 20-1215. Proposition 12 establishes in-state animal confinement standards for egg-laying hens, veal calves, and breeding sows and prohibits the in-state sale of noncompliant products (included […]
Agricultural Law Weekly Review – Week Ending May 21, 2021
Organic Agriculture: USDA AMS Reopens Comment Period on Origin of Livestock Rule Under National Organic Program 🌾
On May 12, 2021, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) posted in the Federal Register a proposed rule titled, “National Organic Program; Origin of Livestock; Reopening of Comment Period” (86 FR 25961). The posting re-opens the comment period for the April 2015 proposed rule requiring that organic milk products be derived from animals under “continuous organic management from the last third of gestation onward.” However, newly certified organic dairy producers may transition livestock into […]
Agricultural Law Weekly Review – Week Ending April 9, 2021
Antitrust: Court Approves $58 Settlement in Peanut Class Action Suit 🌾
On April 5, 2021, the U.S. District Court for the Eastern District of Virginia approved a $58 million settlement agreement between the plaintiff peanut farmer Settlement Class and defendant peanut shellers Birdsong Corporation and Olam Peanut Shelling Company, Inc. in a civil antitrust class action suit alleging that the defendant companies over- and under-reported peanut inventories to the U.S. Department of Agriculture (USDA) to manipulate prices. In re Peanut Farmers Antitrust Litigation, No. 2:19-cv-00463. The approval follows the court’s March 2021 back-to-back orders, absent accompanying explanatory opinions, approving […]
Agricultural Law Weekly Review – Week Ending April 2, 2021
Agricultural Labor: Federal Court Vacates Swine Slaughter Rule Line Speed Elimination 🌾
On March 31, 2021, the U.S. District Court for the District of Minnesota issued an order vacating the elimination of pork slaughter plant line speed controls which was included in the U.S. Department of Agriculture’s (USDA) October 2019 Modernization of Swine Slaughter Inspection rule (84 FR 52300). United Food and Commercial Workers Union, Local No. 663 v. United States Department of Agriculture, No. 0:19-cv-02660. The United Food and Commercial Workers Union (UFCW) challenged the rule on behalf of pork processing plant workers as an Administrative Procedure […]
Agricultural Law Weekly Review —January 16, 2020
International Trade: United States and China Sign Agreement Impacting Agricultural Exports To China
On January 15, 2020, The United States and the People’s Republic of China executed an agreement titled, “Economic and Trade Agreement Between the United States of America and the People’s Republic of China,” which serves as a settlement agreement of certain enforcement actions initiated by the White House under authority of Section 301 of the Trade Act of 1974. According to the February 27, 2019 testimony of United States Trade Representative (USTR) Robert Lighthizer before the House and Ways Committee, such an agreement does not require […]
