Pesticides/Herbicides
Agricultural Law Weekly Review—April 29, 2025
Next Week: May 9, 2025, Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers (rescheduled)
Dairy Policy: USDA Issues Final Rule to Reauthorize Dairy Forward Pricing Program 🌾
On April 23, 2025, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (90 FR 16997), effective April 24, 2025, reauthorizing the Dairy Forward Pricing Program, which “allows farmers to voluntarily enter into forward price contracts with handlers for pooled milk used for Class II, III, or IV purposes under the Federal Milk Marketing Orders . […]
Agricultural Law Weekly Review—April 15, 2025
Today! Apr. 15 at Noon: Quarterly Dairy Legal Webinar—Bovine Disease Controls
Pesticides/Herbicides: Monsanto Files Petition for Certiorari Seeking FIFRA Preemption in Glyphosate Cases 🌾
On April 4, 2025, Monsanto filed a petition for writ of certiorari in the Supreme Court of the United States, asking the court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state-law failure-to-warn claim. Monsanto Company v. John L. Durnell, No. 24-1068. The petition appeals a decision from the Missouri Court of Appeals upholding a $1.25 million jury verdict awarded to a plaintiff claiming that Monsanto’s glyphosate-based […]
Agricultural Law Weekly Review—April 1, 2025
WOTUS: EPA Publishes Rule Requesting Recommendations for WOTUS definition 🌾
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published in the Federal Register a proposed rule (90 FR 13428) announcing listening sessions and seeking stakeholder comment on “implementation of the definition of ‘waters of the United States’ in light of the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency.” Previously, EPA issued an intra-agency memorandum on “proper implementation of ‘continuous surface connection’ under the definition of ‘waters of the United States.’” Also announced by EPA, the rulemaking […]
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—October 11, 2024
Agricultural Labor: Federal Court Partially Enjoins 2023 H-2A Adverse Effect Wage Calculation Rule 🌾
On September 18, 2024, the U.S. District Court for the Western District of Louisiana issued a memorandum opinion partially granting a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A adverse effect wage rate (AEWR) calculations to include data from non-agricultural occupations. Teche Vermilion Sugar Cane Growers Assoc. Inc v. Su, No. 6:23-cv-00831. In their complaint, the plaintiffs “challenge[d] the DOL’s decision to base the AEWR for H-2A workers who haul sugarcane from the field to […]
Agricultural Law Weekly Review—September 10, 2024
Deadline Extended! Register by Sept. 12, 2024, noon (ET) for the Pennsylvania Agricultural Law Symposium!
Pesticides: Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement 🌾
On August 15, 2024, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion reversing the lower court’s judgment—which was jointly stipulated by the parties for the purpose of appeal—and holding that the state-law duty to include a cancer warning label on the glyphosate-based herbicide Roundup is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). David Schaffner, Jr. v. Monsanto Corp, No. 22-3075; […]
Agricultural Law Weekly Review—July 29, 2024
Dairy Policy: USDA Publishes Proposed Rule to Amend Federal Milk Marketing Order Pricing 🌾
On July 15, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (89 FR 57580) “to amend the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs)” (AMS-DA-23-0031). Also announced by AMS, the agency issued the proposal following a hearing on the FMMO pricing formula, held August 2023–January 2024. The proposed rule recommends changes to five categories of milk pricing:
- “Milk Composition Factors: Update the factors to 3.3 percent true protein, 6 […]
Agricultural Law Weekly Review—July 15, 2024
This Week—Register Now!
- 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—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 10, 2024
Avian Influenza: USDA Announces Additional Funding, New Voluntary Bulk Milk Testing Pilot Program 🌾
On May 30, 2024, the U.S. Department of Agriculture (USDA) announced that the agency is providing an additional $824 million in funding and resources to address and prevent the spread of H5N1 (Highly Pathogenic Avian Influenza A) in livestock and poultry. Additionally, USDA’s Animal and Plant Health Inspection Service (APHIS) has launched a new Voluntary H5N1 Dairy Herd Status Pilot Program as an alternative to the testing and reporting requirements mandated by APHIS’s April 24, 2024 Federal Order. USDA states that participation in the pilot […]
