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Agricultural Law Weekly Review—October 23, 2024
Upcoming—Register Now!
- Understanding the Basics of Right to Repair Laws, Online Fri. Oct. 25, 2024
- Dairy Quarterly Legal Webinar: Raw Milk—An Overview of State Raw Milk Regulations, Online Tues. Oct. 29, 2024.
Water Quality: Federal Court Upholds Vacatur of 2020 NRCS Wetlands Final Rule 🌾
On October 8, 2024, the U.S. District Court for the District of Columbia issued an opinion denying the U.S. Department of Agriculture (USDA) Natural Resource Conservation Service’s (NRCS) motion to alter the court’s February 2024 judgment and remand to the agency without vacatur its 2020 wetland conservation rule “to minimize disruption […]
Agricultural Law Weekly Review—July 15, 2024
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- Tues. July 16: Overview of U.S. State Milk Pricing Systems, Part 2
- Wed. July 17: “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations 🌾
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the […]
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—January 8, 2024
Animal Welfare: California’s Proposition 12 Fully Effective January 1, 2024, Producer Certification Required 🌾
On January 1, 2024, California’s Proposition 12 and implementing regulations became fully effective, establishing the state’s Animal Care Program and requiring third-party certification for producers (HSC §§ 25990-25994 and 3 CCR §§ 1320-1327.3). According to a publication from the California Department of Food and Agriculture (CDFA), as of January 1, 2024, (1) “[p]roducers are required to have a valid Certificate of Compliance,” (2) “[c]overed products sold are required to be from producers with valid Certificates of Compliance,” and (3) “[d]istributors are required to […]
Agricultural Law Weekly Review—December 4, 2023
International Trade: Panel Report Finds Canada’s Dairy Tariff-Rate Quotas ‘Not Inconsistent’ with USMCA 🌾
On November 10, 2023, the dispute settlement panel formed under the United States-Mexico-Canada Agreement (USMCA) published its final report concerning Canada’s dairy tariff-rate quota (TRQ) allocation measures. Also announced by the U.S. Trade Representative (USTR), the report concluded that “Canada’s measures are not inconsistent with the USMCA provisions cited by the United States.” However, “[a] dissenting panelist agreed with the United States that by excluding retailers and others, Canada was breaching its commitment to make its dairy TRQs available to all applicants active in the […]
Agricultural Law Weekly Review—February 13, 2023
Agricultural Labor: Third Circuit Affirms Dismissal of Meatpacking Plant Workers’ Challenge to OSHA Finding of ‘No Imminent Danger’ 🌾
On January 31, 2023, the U.S. Court of Appeals for the Third Circuit issued an opinion affirming the district court’s dismissal of a complaint filed in July 2020—during the initial months of the COVID-19 pandemic—by workers at a Dunmore, Pennsylvania-based meatpacking plant operated by Maid-Rite Specialty Foods, Inc. Jane Doe I v. Eugene Scalia, No. 21-02057; Jane Does I, II, III v. Scalia, No. 3:20-cv-01260 (M.D. Pa.). The workers sought an emergency writ of mandamus to compel the […]
Agricultural Law Weekly Review—Week Ending June 17, 2022
Animal Welfare: U.S. Solicitor General Argues Proposition 12 is Unconstitutional ⚡
On June 17, 2022, the U.S. Solicitor General filed an Amicus Curiae Brief in the case of National Pork Producers Council, et al. v. Ross, et al., No 21-468, currently pending before the U.S. Supreme Court setting forth the position of the United States government that the State of California’s Proposition 12 animal confinement law made applicable to out-of-state production of pork products sold in California violates the Commerce Clause of the United States Constitution. On June 14, 2022, the U.S. Supreme Court set oral argument in […]
Agricultural Law Weekly Review – Week Ending August 27, 2021
Ag-Gag Statutes: Tenth Circuit Affirms Unconstitutionality of Kansas’s Ag-Gag Law 🌾
On August 19, 2021, the U.S. Court of Appeals for the Tenth Circuit issued an opinion affirming the district court’s injunction barring enforcement of key provisions of the Kansas Farm Animal and Field Crop and Research Facilities Protection Act (Act). Animal Legal Defense Fund, et al v. Kelly, et al, No. 20-3082; Animal Legal Defense Fund v. Kelly, No. 2:18-cv-02657 (D. Kan.). Sections (b), (c), and (d) of the Act criminalize “exercising control over,” recording on, and trespassing onto an animal facility “without effective consent of the […]
Agricultural Law Weekly Review – Week Ending April 16, 2021
COVID-19: Farmer to Families Food Box Program Ends; Fresh Produce Box Purchases and Dairy Donation Program Planned 🌾
According to statements made by Secretary Vilsack posted to USDA’s website on April 14, 2021, the Farmer to Families Food Box Program will be terminated at the close of April 2021 when the current funded vendor contracts end. On April 14. 2021, Reuters reported that USDA Communications Director Matt Herrick stated USDA is focused on different hunger initiatives, including expanding food stamp benefits and increasing food purchases through existing government food distribution programs. On April 9, 2021, USDA released a
Agricultural Law Weekly Review—Week Ending February 26, 2021
Antitrust: Court Grants Preliminary Approval of Civil Antitrust Settlement; Tyson and Pilgrim’s to Pay $155 Million 🌾
On February 25, 2021, the U.S. District Court for the Northern District of Illinois issued an order granting preliminary approval of the settlements between Defendants Pilgrim’s Pride Corp. and Tyson Foods and the Direct Purchaser Plaintiffs (DPPs) in the consolidated antitrust class action suit In re Broiler Chicken Antitrust Litigation (No. 1:16-cv-08637). According to the agreement, subject to a June 29, 2021 Fairness Hearing, Pilgrim’s will pay up to $75 million to the DPP Class, which it previously announced. See ALWR—week ending January 15, […]
