National Agricultural Policy
Agricultural Law Weekly ReviewâJuly 17, 2023
Conservation Programs: USDA Announces $300 Million, Draft Federal Strategy to Improve Greenhouse Gas Measurement and Carbon Sequestration đŸ
On July 12, 2023, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register (88 FR 44251) requesting public comment on an interagency draft report: Federal Strategy to Advance Measurement and Monitoring Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors. Additionally, USDA announced $300 million in available funding to âimprove measurement, monitoring, reporting and verification of greenhouse gas emissions and carbon sequestration in climate-smart agriculture and forestry.â According to the announcement, the draft strategy [âŠ]
Agricultural Law Weekly ReviewâJuly 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 Upsideâs receipt of a âNo Questionsâ letter from the U.S. Food and Drug Administration (FDA) on November 16, 2022, and a label approval from USDA on June [âŠ]
Agricultural Law Weekly ReviewâJune 19, 2023
Pesticides/Herbicides: Environmental Groups Challenge EPAâs Registration of Enlist One and Enlist Duo đŸ
On June 6, 2023, the Center for Food Safety and two other advocacy groups filed a complaint in the U.S. District Court for the District of Columbia seeking injunctive and declaratory relief against the U.S. Environmental Protection Agencyâs (EPA) registration decision for Enlist One and Enlist Duo. Ctr. for Food Safety v. U.S. Envtl. Prot. Agency, No. 1:23-cv-01633. In January 2022, EPA granted an extended seven-year registration for the two herbicides in 34 states, which may be expanded to six other states pending a [âŠ]
Agricultural Law Weekly ReviewâMay 29, 2023
Water Quality: U.S. Supreme Court Provides Definitive Clarity to Definition of Waters of the United States (WOTUS) đŸ
On May 25, 2023, the U.S. Supreme Court issued a decision in the case of Sackett v. EPA, et al., No. 21-454, reversing and remanding the decision of the Ninth Circuit Court of Appeals and stating, â[W]e hold that the [Clean Water Act] extends to only those âwetlands with a continuous surface connection to bodies that are âwaters of the United Statesâ in their own right,â so that they are âindistinguishableâ from those waters,â citing its own earlier plurality decision in [âŠ]
Agricultural Law Weekly ReviewâMay 22, 2023
Water Quality: Consent Decree Directs Ohio EPA to Develop Western Lake Erie Watershed TDML đŸ
On April 25, 2023, the U.S. District Court for the Northern District of Ohio Toledo Division issued a consent decree directing the Ohio Environmental Protection Agency (Ohio EPA) to develop a Total Maximum Daily Load (TMDL) for the Maumee River Watershed. Environmental Law & Policy Center v. United States Environmental Protection Agency, No: 3:19-cv-00295. In February 2019, the plaintiffs filed a complaint alleging that the Ohio EPA failed to take proper action, or implement an effective TMDL, to combat phosphorus and other nutrient [âŠ]
Agricultural Law Weekly ReviewâMay 8, 2023
Conservation Programs: USDA Begins Implementation Phase of Climate-Smart Commodities Program Projects đŸ
On April 27, 2023, the U.S. Department of Agriculture (USDA) announced the beginning of the implementation phase of projects funded through the Partnerships for Climate-Smart Commodities program. With the implementation phase, USDA is launching the Partnerships for Climate-Smart Commodities Learning Network (Partnerships Network). This Partnership Networks allows for collaboration between projects. Producers interested in participating can find projects in their area through the project dashboard. For background, see ALWRâDec. 16, 2022, âConservation Programs: USDA Announces Additional $325 Million for Climate-Smart Commodities Projectsâ and ALWRâSept. [âŠ]
Agricultural Law Weekly ReviewâApril 3, 2023
Water Quality: U.S. Supreme Court Asked to Hear Appeal Interpreting Citizen Suit Authority Under Clean Water Act đŸ
On January 30, 2023, Dakota Finance LLC (dba Arabella Farms) filed a Petition for Writ of Certiorari with the U.S. Supreme Court in a case which may provide clarity to the applicability of the Clean Water Act (CWA)âs authority to pursue citizen suits when a state agency has already commenced enforcement action under a state law âcomparable toâ the Clean Water Actâs administrative penalty provisions. Dakota Finance LLC, dba Arabella Farm, et al. v. Naturaland Trust, et al. No. 22-720. [âŠ]
Agricultural Law Weekly ReviewâMarch 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain đŸ
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller mixed species growers (7,000 birds or less) supplying East Coast live bird markets, but also including six (6) commercial production premises (turkeyâ3, ducksâ2, and broilersâ1). Twenty-three (23) of the detections have been in Lancaster County, as are the overwhelming majority of active control [âŠ]
Agricultural Law Weekly ReviewâMarch 6, 2023
COVID-19: SCOTUS Denies Tysonâs Petition to Keep COVID Cases in Federal Court đŸ
On February 21, 2023, the Supreme Court of the United States (SCOTUS) denied Tyson Foods, Inc.âs (Tyson) petition to keep in federal court several negligence cases alleging that the 2020 COVID-related deaths of workers employed at Tysonâs Waterloo, Iowa plant were caused by Tysonâs negligence. Tyson Foods, Inc., et al., Petitioners v. Hus Hari Buljic, et al. No. 22-70. Tyson filed its petition following the Eight Circuit Court of Appealsâs opinion remanding the cases to state court in Fernandez v. Tyson Foods Inc, et al, No. [âŠ]
Agricultural Law Weekly ReviewâJanuary 23, 2023
WOTUS: EPA Publishes Final Rule Defining âthe Waters of the United Statesâ đŸ
On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army Corps of Engineers published in the Federal Register a final rule revising the definition of âthe Waters of the United Statesâ (WOTUS). This rule defines the range of the waters protected under the Clean Water Act (CWA) and will take effect March 20, 2023. According to EPA, the new definition better represents the intent of the CWA, Supreme Court case law, and scientific expertise. More information on the new rule [âŠ]
