National Agricultural 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—November 5, 2024
Pesticides/Herbicides: Massachusetts State Court Grants Summary Judgment for Monsanto on FIFRA Preemption 🌾
On October 21, 2024, the Essex County Superior Court of Massachusetts issued a memorandum and order granting summary judgment to Monsanto/Bayer on the issue of preemption, finding that the plaintiff’s state law failure to warn claim was preempted by the labeling requirements of the Federal Insecticide and Fungicide Act (FIFRA), which “provides that a state shall not impose . . . any requirements for labeling or packaging in addition to or different from those required under” FIFRA. Cardillo v. Monsanto, No. 2177CV00462. The court stated that “while […]
Agricultural Law Weekly Review—September 16, 2024
This Week:
- Right to Repair and Agriculture, Center Director Ross Pifer presents with the National Agricultural Law Center, Online Wed. Sep. 18, 2024
- 2024 Pennsylvania Agricultural Law Symposium, In-person Thurs. Sep. 19, 2024
International Trade: Chile Approves Agreement on U.S. Meat and Cheese Imports, Terminology 🌾
On September 3, 2024, the Office of the U.S. Trade Representative (USTR) announced that the National Congress of Chile had approved an agreement “regarding market access to Chile for a number of U.S. cheese and meat products and how Chile will treat prior users of certain terms for cheeses.” Previously, in June […]
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—June 26, 2024
This Friday! June 28, 2024: Understanding the Basics of the Clean Water Act & Agriculture
National Agriculture Policy: Federal Court Enjoins USDA’s ‘Socially Disadvantaged Farmers’ Consideration 🌾
On June 7, 2024, the U.S. District Court for the Northern District of Texas published a memorandum opinion and order enjoining the U.S. Department of Agriculture (USDA) from providing financial relief to farmers “based on its ‘socially disadvantaged farmer or rancher‘ designation” under the 2022 Emergency Relief Program (2022 ERP). Strickland v. USDA, No. 2:24-cv-00060. […]
Agricultural Law Weekly Review—May 30, 2024
National Agricultural Policy: House Agriculture Committee Advances Farm Bill 🌾
On May 23, 2024, the U.S. House of Representatives Committee on Agriculture passed (33-21) the “Farm, Food, and National Security Act of 2024” (H.R.8467), the House version of the 2024 Farm Bill. Previously, on May 17, 2024, the House Committee published a discussion draft and summary of the bill, also announced by the Committee. On May 1, 2024, the Senate Committee on Agriculture, Nutrition, and Forestry announced a summary of its Farm Bill draft, titled the “Rural Prosperity and Food Security Act of […]
Agricultural Law Weekly Review—April 22, 2024
Webinars This Week!
- Apr. 23, 2024, U.S. State Milk Pricing & Supports, Part 1
- Apr. 26, 2024, Understanding the Basics of Producer Protections for Buyer Default
Nutrition Programs: USDA Publishes WIC Final Rule—Includes White Potatoes, Reduces Milk 🌾
On April 18, 2024, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) published in the Federal Register a final rule (89 FR 28488) finalizing revisions to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Also announced by USDA, the final rule enacts numerous changes, including
- Allowing the purchase of white potatoes,
Agricultural Law Weekly Review—March 11, 2024
Agricultural Labor: Fifth Circuit Remands ‘Independent Contractor’ Rule Challenge to District Court, DOL January 2024 Rule Effective March 11, 2024 🌾
On February 19, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the district court’s decision and remanding a case challenging the U.S. Department of Labor’s (DOL) March 2021 delay (86 FR 12535) and May 2021 withdrawal (86 FR 24303) of the agency’s independent contractor rule, issued on January 7, 2021 (86 FR 1168) shortly before the change of administration. Coalition v. Su, No. 22-40316. The January 2021 […]
Agricultural Law Weekly Review—February 5, 2024
Agribusiness: Kubota Enjoined from Labeling Imported Products as ‘Made in USA,’ Will Pay $2 Million 🌾
On January 25, 2024, the U.S. District Court for the Northern District of Texas issued a stipulated order permanently enjoining Kubota North America from claiming that its products are “Made in the United States” (MUSA) when the products do not comply with the “Made in USA Labeling Rule” (16 C.F.R. Part 323). United States v. Kubota North America Corporation, No. 3:24-cv-00159. According to a complaint filed by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), Kubota “incorrectly […]
Agricultural Law Weekly Review—January 29, 2024
Water Quality: EPA Publishes Proposed Rule for Meat and Poultry Point Source Effluent Limitations 🌾
On January 23, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (89 FR 4474) to amend Meat and Poultry Products Effluent Guidelines and Standards. Initially announced by EPA on December 15, 2023, the 2024 Proposed Rule offers three options, the first of which EPA claims as the agency’s preferred option. According to the proposed rule, Option 1 “would include new phosphorus limits and revised nitrogen limits for large direct dischargers and new pretreatment standards on […]
