Invasive Species
Agricultural Law Weekly Review—October 9, 2023
Agricultural Labor: Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule 🌾
On September 26, 2023, the U.S. District Court for the Western District of North Carolina issued an order denying a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A wage rate calculations to include data from non-agricultural occupations. USA Farm Labor v. Su, No. 1:23-cv-00096. The court found that the plaintiff farm employer group “ha[d] not made an adequate showing . . . that the Agency has exceeded its statutory authority or that its construction of the […]
Agricultural Law Weekly Review—August 21, 2023
Local Food: PA Department of Agriculture Seeks Comments on Plans for USDA Funding from Resilient Food Systems Infrastructure Program 🌾
On August 15, 2023, the Pennsylvania Department of Agriculture (PDA) released a public request for comment on the agency’s proposed priorities for its cooperative agreement with the U.S. Department of Agriculture’s (USDA) Resilient Food Systems Infrastructure Program, through which PDA anticipates it will receive approximately $26.5 million. PDA issued the following statement: “The Pennsylvania Department of Agriculture is seeking public comments to ensure that the Resilient Food Systems Infrastructure Program best meets the current needs of Pennsylvania’s agricultural supply […]
Agricultural Law Weekly Review—July 3, 2023
Food Labeling: USDA Issues Grant of Inspection to Upside Foods, Furthering Commercial Cell-Cultured Chicken Sales
On June 21, 2023, Upside Foods announced that the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued the company a Grant of Inspection (GOI), marking the completion of the pre-market regulatory review process required for the company to produce and sell its cell-cultured chicken in the United States. The USDA approval follows Upside’s receipt of a “No Questions” letter from the U.S. Food and Drug Administration (FDA) on November 16, 2022, and a label approval from USDA on June […]
Agricultural Law Weekly Review—March 20, 2023
WOTUS: Twenty-Four States File New Complaint Against EPA Challenging New WOTUS Rule 🌾
On February 16, 2023, a coalition of twenty-four states filed a complaint in the U.S. District Court for the District of North Dakota Eastern Division against the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the new final rule defining “the Waters of the United States” (WOTUS). West Virginia et. al. v. Environmental Protection Agency et al., No. 3:23-cv-00032. The complaint alleges that the final rule regulatorily interprets WOTUS too broadly under the Clean Water Act (CWA), U.S.C. § […]
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
Agricultural Law Weekly Review—Week Ending November 18, 2022
Ag Labor: Federal Court Issues Temporary Restraining Order Against Packers Sanitation
On November 10, 2022, the U.S. District Court for the District of Nebraska issued a temporary restraining order (TRO) directing Packers Sanitation Services, Inc. to stop using “oppressive child labor” in its operations. Walsh v. Packers Sanitation Services, Inc., No. 4:22-cv-03246. The TRO was issued in response to a complaint filed by the U.S. Department of Labor (DOL) that cited multiple violations of Fair Labor Standards Act (FLSA) child labor laws in JBS meat packing facilities in Grand Island, Nebraska; Worthington, Minnesota; and in Turkey Valley […]
Agricultural Law Weekly Review—Week Ending March 25, 2022
Animal Welfare: U.S. Supreme Court Will Hear Commerce Clause Challenge to California Prop 12 🌾
On March 25, 2022, the U.S. Supreme Court, for the eighth time since January 7, 2022, considered the Writ of Certiorari filed by the National Pork Producer Council requesting the Court hear its appeal to overturn the Ninth Circuit Court of Appeals’ July 28, 2021, decision that California’s Proposition 12 does not violate the U.S. Constitution’s Commerce Clause.  National Pork Producers Council, et al. v. Karen Ross, No. 21-468. On March 28, 2022, with a one sentence order, the Court granted the petition and […]
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 October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
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 […]
