National Agricultural Policy
Agricultural Law Weekly ReviewâJanuary 24, 2024
National Agricultural Policy: Continuing Resolution Funds Government, Agriculture Until March 1, 2024 đŸ
On January 19, 2024, President Joe Biden signed into law continuing resolution H.R.2872, which maintains the funding levels established in the 2023 Consolidated Appropriations Act (P.L. 117â328) for âAgriculture, Rural Development, Food and Drug Administration, and Related Agenciesâ and other government programs and agencies until March 1, 2024. The programs were previously funded through January 19, 2024, under continuing resolution H.R.6363, passed November 16, 20223. Congress passed the continuing resolutions in the absence of a 2024 Consolidated Appropriations Act.
National Agricultural Policy: GAO Publishes Report on [âŠ]
Agricultural Law Weekly ReviewâDecember 22, 2023
Agribusiness: Beneficial Ownership Information Reporting Requirements Effective January 1, 2024 đŸ
On January 1, 2024, the beneficial ownership information (BOI) reporting requirements (31 CFR § 1010.380) become effective for many companies and small entities as part of the Corporate Transparency Act, enacted within the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021, P.L. 116â283. The law requires that domestic and foreign reporting companies formed by âfiling a document with a secretary of state or any similar officeâ report certain information about itself, its beneficial owners, and its
Agricultural Law Weekly ReviewâDecember 15, 2023
Antitrust: Federal Jury Finds Egg Producers Liable for Price-Fixing and Conspiracy, Damages Awarded đŸ
On November 21, 2023, the U.S. District Court for the Northern District of Illinois entered a minute entry of a jury verdict finding the defendant egg producers liable in an antitrust case alleging that numerous egg producersâincluding United Egg Producers, Inc., United States Egg Marketers, Inc., and Cal-Maine Foodsââunlawfully agreed to and did implement their conspiracy to control supply and artificially maintain and increase the price of eggs through a series of collective actions.â Kraft Foods Global v. United Egg Producers, No. 1:11-cv-08808. The case [âŠ]
Agricultural Law Weekly ReviewâNovember 20, 2023
Antitrust: DOJ Files Complaint, Proposed Consent Decree to Prohibit Koch Foodsâ Contract Termination Penalty Fees đŸ
On November 9, 2023, the U.S. Department of Justice (DOJ) filed, in the U.S. District Court for the Northern District of Illinois, a complaint alleging that poultry producer Koch Foods, Inc. âanticompetitively and unfairly required chicken farmers, or growers, to pay Koch a termination penalty to switch from working for Koch to a rival chicken processor.â United States v. Koch Foods, No. 1:23-cv-15813. Also announced by DOJ, the complaint states that âKochâs termination penalty . . amounted to more than half of [âŠ]
Agricultural Law Weekly ReviewâNovember 6, 2023
Agricultural Labor: National Labor Relations Board Publishes Final Rule for New Joint Employer Status Test đŸ
On October 27, 2023, the National Labor Relations Board (NLRB) published in the Federal Register a final rule titled âStandards for Determining Joint Employer Statusâ (88 FR 73946), which replaces the previous 2020 rule (85 FR 11184). Also announced by NLRB, the final rule establishes that âan entity may be considered a joint employer of another employerâs employees if the two share or codetermine the employeesâ essential terms and conditions of employment,â which the rule defines using seven categories: 1) âwages, benefits, [âŠ]
Agricultural Law Weekly ReviewâOctober 30, 2023
National Agricultural Policy: USDA Allocates $2.3 Billion in CCC Funds for Trade Promotion, Surplus Commodity Purchases đŸ
On October 24, 2023, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA will allocate $2.3 billion in Commodity Credit Corporation (CCC) funds for agricultural trade promotion and international food aid. According to the announcement, $1.3 billion will fund a new Regional Agricultural Promotion Program and $1 billion will fund purchases of surplus U.S. commodities for distribution through USAID. See also ALWRâOct. 2, 2023, âGAO Decision Finds USDAâs Use of Commodity Credit Corporation Funds Lawful.â
Technology: USDA Rural Development Allows Loan, [âŠ]
Agricultural Law Weekly ReviewâOctober 9, 2023
Agricultural Labor: Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule đŸ
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 Laborâs (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 âha[d] not made an adequate showing . . . that the Agency has exceeded its statutory authority or that its construction of the [âŠ]
Agricultural Law Weekly ReviewâOctober 2, 2023
National Agricultural Policy: GAO Decision Finds USDAâs Use of Commodity Credit Corporation Funds Lawful đŸ
On September 20, 2023, the U.S. Government Accountability Office (GAO) published a decision concluding that the U.S. Department of Agriculture (USDA) âdid not violate the [Commodity Credit Corporation (CCC)] Charter Act or the Antideficiency Act when it used CCC funds for programs that were not specifically included in its [FY 2021] budget submission to Congressâ because the âGovernment Corporation Control Act (GCCA) does not require corporations to delineate specific programs in their budget submissions prior to carrying them out.â Additionally, the GAO decision found that [âŠ]
Agricultural Law Weekly ReviewâSeptember 25, 2023
Pesticides: Federal Court Approves Settlement in 2011 EPA Pesticide Registration Dispute đŸ
On September 12, 2023, the U.S. District Court for the Northern District of California issued an order approving a stipulated settlement agreement between the U.S. Environmental Protection Agency (EPA) and plaintiff environmental groups, resolving a longstanding dispute over EPAâs registration of 382 pesticide active ingredients. Center for Biological Diversity v. Environmental Protection Agency, No. 3:11-cv-00293. Also announced by EPA, the settlement âresolves all outstanding claimsâ of the âmegasuit,â filed in 2011 and partially settled in 2019, âwhich was ultimately reduced to 35 [âŠ]
Agricultural Law Weekly ReviewâSeptember 4, 2023
WOTUS: EPA and Army Issue âWaters of the United Statesâ Pre-Publication Final Rule đŸ
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of âWaters of the United Statesâ (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits âinterstate wetlandsâ from the âinterstate watersâ jurisdictional language and âwetlands and streamsâ from the âadditional watersâ jurisdictional language; removes the [âŠ]
