Pesticides/Herbicides
Agricultural Law Weekly Review—October 30, 2023
National Agricultural Policy: USDA Allocates $2.3 Billion in CCC Funds for Trade Promotion, Surplus Commodity Purchases 🌾
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 ALWR—Oct. 2, 2023, “GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful.”
Technology: USDA Rural Development Allows Loan, […]
Agricultural Law Weekly Review—October 9, 2023
Agricultural Labor: Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule 🌾
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 Labor’s (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 “ha[d] not made an adequate showing . . . that the Agency has exceeded its statutory authority or that its construction of the […]
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule 🌾
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 “Waters of the United States” (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits “interstate wetlands” from the “interstate waters” jurisdictional language and “wetlands and streams” from the “additional waters” jurisdictional language; removes the […]
Agricultural Law Weekly Review—August 7, 2023
Agricultural Labor: Department of Labor Announces Heat Hazard Alert 🌾
On Thursday, July 27, 2023, the U.S. Department of Labor (DOL) announced that its Occupational Safety and Health Administration (OSHA) issued a heat hazard alert. According to a White House fact sheet, the hazard alert is the first of its kind and was issued at the request of the President in response to the extreme heat affecting most of the United States. The hazard alert describes employers’ obligations to protect their workers from heat-related illnesses and injuries. Additionally, DOL states that “OSHA will intensify its enforcement . . […]
Agricultural Law Weekly Review—June 12, 2023
International Trade: U.S. Initiates USMCA Dispute Settlement Consultations with Mexico on GMO Corn Ban 🌾
On June 2, 2023, the Office of the U.S. Trade Representative (USTR) announced that the United States has requested dispute settlement consultations with Mexico under Articles 31.2 and 31.4 of the United States-Mexico-Canada-Agreement (USMCA) concerning Mexico’s prohibition on the import of genetically modified corn for human consumption. The USTR announcement follows a June 1, 2023, letter from 62 Congress members urging the USTR to “immediately proceed with a formal USMCA dispute.” USTR’s request for dispute settlement consultations follows unsuccessful technical consultations […]
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—February 27, 2023
Agricultural Labor: D.C. Court Declines to Enjoin 2022 H-2A Regulation Revisions 🌾
On February 16, 2023, the U.S. District Court for the District of Columbia issued a memorandum opinion denying a preliminary injunction against the November 14, 2022, H-2A final rule. National Council of Agricultural Employers v. United States Department of Labor, No:1:22-cv-03569-RC. The case alleges that the Biden Administration’s 2021 Inauguration Day withdrawal of the Trump Administration’s previous version of the H-2A final rule and publication of its own version on October 12, 2022, violated the Administrative Procedures Act (APA). The underlying legal challenge remains […]
Agricultural Law Weekly Review—February 6, 2023
International Trade: U.S. Requests Second USMCA Arbitration Over Canada’s Dairy Tariff-Rate Quotas 🌾
On January 31, 2023, the Office of the U.S. Trade Representative (USTR) announced that the U.S. has requested—for the second time—that an arbitration panel adjudicate the U.S.’s claim that Canada’s administration of its dairy tariff-rate quotas (TRQ) violate the United States-Mexico-Canada Agreement (USMCA). A January 2022 arbitration panel decision found Canada’s TRQ eligibility criteria were a USMCA violation. According to the U.S., Canada’s resulting minimal change to TRQ eligibility does not remedy the underlying violation. The new arbitration request reasserts TRQ eligibility and adds TRQ allocation […]
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 January 21, 2022
Pesticides/Herbicides: ‘Pure’ Honey Label May Be Deceptive Due to Pesticide Residue
On January 13, 2022, the U.S. District Court for the Eastern District of New York issued an order denying in part honey maker Sioux Honey Association Cooperative’s motion to dismiss a claim against it alleging deceptive business practices, false advertising, and unjust enrichment because the company’s SueBee brand honey was labeled with the words “Pure” or “100% Pure” when the honey contained trace amounts of glyphosate. Scholder v. Sioux Honey Association, No. 2:16-cv-05369. Sioux Honey argued that its “Pure” labeling was not misleading because any glyphosate present in […]
