National Agricultural Policy
Agricultural Law Weekly Review—April 3, 2023
Water Quality: U.S. Supreme Court Asked to Hear Appeal Interpreting Citizen Suit Authority Under Clean Water Act 🌾
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)’s authority to pursue citizen suits when a state agency has already commenced enforcement action under a state law “comparable to” the Clean Water Act’s administrative penalty provisions. Dakota Finance LLC, dba Arabella Farm, et al. v. Naturaland Trust, et al. No. 22-720. […]
Agricultural Law Weekly Review—March 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain 🌾
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 (turkey—3, ducks—2, and broilers—1). Twenty-three (23) of the detections have been in Lancaster County, as are the overwhelming majority of active control […]
Agricultural Law Weekly Review—March 6, 2023
COVID-19: SCOTUS Denies Tyson’s Petition to Keep COVID Cases in Federal Court 🌾
On February 21, 2023, the Supreme Court of the United States (SCOTUS) denied Tyson Foods, Inc.’s (Tyson) petition to keep in federal court several negligence cases alleging that the 2020 COVID-related deaths of workers employed at Tyson’s Waterloo, Iowa plant were caused by Tyson’s 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 Appeals’s opinion remanding the cases to state court in Fernandez v. Tyson Foods Inc, et al, No. […]
Agricultural Law Weekly Review—January 23, 2023
WOTUS: EPA Publishes Final Rule Defining ‘the Waters of the United States’ 🌾
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 “the Waters of the United States” (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 […]
Agricultural Law Weekly Review—Week Ending September 23, 2022
Dairy Policy: Pennsylvania’s Over-Order Premium Continues But ‘Should be Modified’ 🌾
On September 21, 2022, the Pennsylvania Milk Marketing Board (PMMB) entered a new 90-day over-order premium (OOP) order (OGO No. A-1014), as opposed to its customary 180-day order. The order continues Pennsylvania’s OOP at $1.00 cwt for the period October 1, 2022 through December 31, 2022. The order followed an August 30, 2022, hearing on a petition to consider the “level and duration” as well as the “existence” of the OOP. The current OOP mandates a producer price premium over the federal order price through a calculation intended […]
Agricultural Law Weekly Review—Week Ending Sept. 16, 2022
Pesticides/Herbicides: Federal Court Hears Proposals for Resolving Multidistrict Roundup Litigation 🌾
On September 1, 2022, representatives of Plaintiffs’ leadership group and Defendant Bayer (as successor in interest to Monsanto) filed a Joint Case Management Statement in the U.S. District Court for the Northern District of California in the multi-district litigation (MDL) captioned In Re: Roundup Products Liability Litigation, No. 16-md-2741, heard by Judge Vince Chhabria. The case consolidates the management of all federal products liability cases pending against Bayer alleging Roundup as the cause of the plaintiffs’ non-Hodgkin’s Lymphoma. According to the statement: (a) 3,266 pending cases in the […]
Agricultural Law Weekly Review—Week Ending Sept. 9, 2022
Pesticides/Herbicides: Bayer Wins Fifth Consecutive State Court Roundup Trial 🌾
On September 1, 2022, after a trial which began on August 3, a St. Louis County, Missouri state court jury returned a defense verdict after only a few hours of deliberation in favor of herbicide manufacturer Monsanto (Bayer’s predecessor in interest) finding that exposure to the glyphosate-containing herbicide Roundup did not cause the three separate plaintiffs’ non-Hodgkins’ lymphoma (NHL) in the consolidated case of Alesi, et al. v. Monsanto, 19SL-CC03617. This result totals five consecutive state court defense verdicts in cases taken to trial—two in Missouri, two in California, […]
Agricultural Law Weekly Review—Week Ending August 26, 2022
Organic Agriculture: USDA Announces $300 Million for New Organic Transition Initiative 🌾
On August 22, 2022, the U.S. Department of Agriculture (USDA) announced $300 million for a new Organic Transition Initiative to provide mentoring, direct assistance, and supply chain support for farmers transitioning to organic production. As a prerequisite to organic certification, lands generating organic-certified crops must be free from prohibited inputs, such as synthetic pesticides, for 36 months, during which time “farmers face challenging technical, cultural, and market shifts,” said USDA Secretary Tom Vilsack. The announced funds will provide
- $100 Million over five years in cooperative agreements with non-profit […]
Agricultural Law Weekly Review—Week Ending August 19, 2022
National Agriculture Policy: Inflation Reduction Act Signed Into Law
On August 16, 2022, President Joe Biden signed into law H.R.5376, known as the “Inflation Reduction Act of 2022,” which appropriates $750 billion through 2031 for numerous federal programs, prioritizing renewable energy, climate, and healthcare initiatives. The Act allocates approximately $38 billion for agriculture and rural development, down from the previous November 2021 version of the bill, known as the Build Back Better Act, which would have provided $80 billion for agricultural programs. The 2022 Act includes
- $19.5 billion for conservation programs—$8.45 billion of which prioritizes diet […]
Agricultural Law Weekly Review—Week Ending July 15, 2022
Enacted Pennsylvania 2022-23 Budget Includes $25 Million in HPAI Poultry Grower Assistance Grants and $220 Million in New Clean Streams Fund; Last HPAI Quarantine Control Zone Released 🌾
On July 8, 2022, Pennsylvania Governor Tom Wolf signed into law Act No. 1A of 2022, formerly known as Senate Bill 1100, titled the “General Appropriation Act of 2002” and Act No. 54 of 2022, formerly known as House Bill 1421, commonly referred to as the “2022-2023 Fiscal Code Bill,” both of which together provide the primary state fiscal year 2022-23 budget for the Commonwealth of Pennsylvania government. The most succinct summary of […]
