Invasive Species
Agricultural Law Weekly Review – Week Ending July 30, 2021
Animal Welfare: Federal Appeals Court Upholds California’s Proposition 12 With Five Months Until Its Effective Date 🌾
On July 28, 2021, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Nat’l Pork Producers Council, et al v. Karen Ross, et al, No. 20-55631, holding that California’s Proposition 12 in-state production animal confinement standards and in-state sales restriction for products not produced in accordance with them, do not violate the United States Constitution’s Commerce Clause. In upholding Proposition 12’s constitutionality, the Court affirmed the earlier decision upholding Proposition 12 issued by the U. S. District Court for […]
Agricultural Law Weekly Review – Week Ending April 23, 2021
WOTUS: EPA Administrator Testifies on WOTUS 🌾
On April 21, 2021, Environmental Protection Agency (EPA) Administrator Michael Regan testified about EPA’s approach to the presently applicable Navigable Waters Protection Rule before the House Committee On Appropriations, Subcommittee on Interior, Environment and Related Agencies. He stated, “What I’m pledging to do is begin a stakeholder-engagement process involving our ag community — farm bureau, ag CEOs, our environmental community — to look at the lessons learned and how we can move forward . . . that we can provide some certainty to the ag industry where we don’t overburden the small farmer […]
Agricultural Law Weekly Review—Week Ending March 12, 2021
COVID-19: $1.9 Trillion American Rescue Plan Act Includes $10.4 Billion for Agriculture 🌾
On March 11, 2021, President Biden signed into law H.R. 1319, known as the “American Rescue Plan Act of 2021,” which appropriates approximately $1.9 trillion for various COVID-19 relief funding and authorizes multiple statutory initiatives and programs, including approximately $10.4 billion in aid and assistance to agriculture in various forms. USDA has published a fact sheet on the law and its highlights, including allocation of $4 billion for debt relief for socially disadvantaged farmers and approximately $1 billion to create a racial equity commission, address longstanding […]
Agricultural Law Weekly Review—week ending December 18, 2020
Pesticides/Herbicides: Punitive Damages Reduced to $60 Million in Bader Farms Dicamba Case
On November 25, 2020, the U.S. District Court for the Eastern District of Missouri issued an opinion and order on post-trial motions reducing to $60 million the February 2020 jury award of $250 million in punitive damages against Monsanto/Bayer and BASF as a result of dicamba-caused property damage to a Missouri peach producer’s orchards in Bader Farms, Inc. v. Monsanto Company, No. 1:16-cv-00299. For more background, see ALWR—February 20, 2020, “Missouri Federal Jury Returns $265 Million Verdict in Dicamba […]
Agricultural Law Weekly Review—week ending October 16, 2020
Antitrust: JBS Subsidiary Pilgrim’s Pride Pleads Guilty to Price-Fixing
On October 14, 2020, Pilgrim’s Pride Corporation (Pilgrim’s), a wholly-owned subsidiary of JBS S.A., issued an announcement stating that it has entered into a plea agreement with the U.S. Department of Justice (DOJ) regarding its involvement in broiler chicken price-fixing. According to the announcement, Pilgrim’s will pay $110,524,140 in exchange for no further charges if remaining in compliance with the plea agreement, which remains subject to approval from the U.S. District Court for the District of Colorado. United States v. Pilgrim’s Pride Corporation, No. 1:20-cr-00330. Multiple over parties remain […]
Agricultural Law Weekly Review—March 5, 2020
Invasive Species: Pennsylvania Spotted Lanternfly Quarantine Order Expanded
On March 3, 2020, the Pennsylvania Department of Agriculture announced that, effective March 2, 2020, the following twelve counties have been added by amendment to the geographic scope, and are therefore now subject to the requirements, of the Spotted Lanternfly Quarantine Order of May 26, 2018: Allegheny, Beaver, Blair, Columbia, Cumberland, Huntingdon, Juniata, Luzerne, Mifflin, Northumberland, Perry, and York. The amendment will be published in the Pennsylvania Bulletin on March 14, 2020.
Industrial Hemp: USDA Approves Three More State Hemp Production Plans, Including Pennsylvania
On February 26, 2020, and again on March 3, 2020, […]
Agricultural Law Weekly Review —November 21, 2019
Invasive Species: USDA Restricts Imports of Tomatoes and Peppers to Prevent Tomato Brown Rugose Fruit Virus
On November 15, 2019, the USDA’s Animal and Plant Health Inspection Service (APHIS) announced a Federal Order (DA-2019-28) restricting the import of tomato and pepper fruits, seed lots, and transplants, effective Friday, November 22, 2019, in order to prevent the introduction of tomato brown rugose fruit virus (ToBRFV) into the United States. ToBRFV naturally infects tomato and pepper plants and can cause discoloration, deformation and irregular maturation, resulting in excessive fruit loss. The virus spreads easily through contact between infected plant parts, seeds, contaminated tools […]
Agricultural Law Weekly Review – October 24, 2019
Agricultural Law Weekly Review—June 27, 2019
Food Policy: SCOTUS Rules USDA Does Not Need to Disclose Certain SNAP Information Under FOIA
On June 24, 2019, the U.S. Supreme Court held that under the Freedom of Information Act (FOIA), the U.S. Department of Agriculture (USDA) does not need to disclose certain private commercial or financial information from retail stores that participate in the Supplemental Nutrition Assistance Program (SNAP) (Food Marketing Institute v. Argus Leader Media, Docket No. 18-481). Previously, Argus Leader Media filed a FOIA request seeking the names and addresses of all retail stores that participated in SNAP for fiscal years 2005 through 2010. Additionally, […]
