Pesticides/Herbicides
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, […]
Agricultural Law Weekly Review – week ending February 5, 2021
COVID-19/Ag Labor: Executive Order Directs OSHA to Issue Guidance and Consider Emergency Temporary Standards
On January 29, 2021, the U.S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) announced the issuance of new guidance titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” consistent with January 21, 2021’s Executive Order 13999 directing DOL to, among many other things, issue revised COVID-19 workplace safety guidance within two weeks and consider the necessity of mandatory emergency temporary standards on COVID-19 and, if necessary, issue them by March 15, 2021. EO 13999 also […]
Agricultural Law Weekly Review—week ending January 22, 2021
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Industrial Hemp: USDA Publishes Final Hemp Rule
On January 19, 2021, the U.S. Department of Agriculture’s (USDA) Agriculture Marketing Service (AMS) published in the Federal Register a final rule titled “Establishment of a Domestic Hemp Production Program” (86 FR 5596), which completes the closely-followed process begun by the October 31, 2019 interim final rule to complete regulations governing domestic […]
Agricultural Law Weekly Review—week ending January 1, 2021
COVID-19: $900 Billion Appropriations Act Includes $13 Billion in COVID-19 Relief for Agriculture
On December 27, 2020, President Trump signed into law H.R.133, known as the “Consolidated Appropriations Act, 2021,” which appropriates $900 billion dollars in COVID-19 relief funding, approximately $13 Billion of which represents aid to agriculture in various forms. That represents 1.4% of the total relief funding bill. The list of aid under USDA’s jurisdiction includes a gross amount of $11.2 Billion allocated to the Office of the USDA Secretary for direct financial assistance to commodity producers. The balance is appropriated to various existing statutory programs […]
Agricultural Law Weekly Review—week ending December 25, 2020
Pesticides/Herbicides: 5-Year Dicamba Registration Approval Challenged in Parallel Litigation
On December 21, 2020, the identical five entities (referred to collectively herein as the “Center for Food Safety”) who were successful in June 2020 in having the EPA registrations of three dicamba-containing herbicides vacated by the U.S. Court of Appeals for the Ninth Circuit (9th Circuit), filed a Petition for Review with the 9th Circuit seeking to have the EPA’s October 27, 2020, 5-year registration approvals of three dicamba-containing herbicides again invalidated. The petition alleges that the new registrations have been issued in violation of the Federal Insecticide, […]
Agricultural Law Weekly Review—week ending December 18, 2020
Pesticides/Herbicides: Punitive Damages Reduced to $60 Million in Bader Farms Dicamba Case
On November 25, 2020, the U.S. District Court for the Eastern District of Missouri issued an opinion and order on post-trial motions reducing to $60 million the February 2020 jury award of $250 million in punitive damages against Monsanto/Bayer and BASF as a result of dicamba-caused property damage to a Missouri peach producer’s orchards in Bader Farms, Inc. v. Monsanto Company, No. 1:16-cv-00299. For more background, see ALWR—February 20, 2020, “Missouri Federal Jury Returns $265 Million Verdict in Dicamba […]
Agricultural Law Weekly Review—week ending December 4, 2020
Dean Foods Bankruptcy: Dean Foods Bankruptcy Estate Threatens Dairy Producers with Lawsuits to Recoup Alleged “Preference” Payments
On November 24, 2020, a commercial collections law firm named ASK LLP, headquartered in St. Paul, Minnesota and hired to represent the Southern Foods Group, LLC formerly d/b/a Dean Foods (“Dean”) Chapter 11 bankruptcy estate, mailed demand letters asserting legal claims for the repayment of milk check proceeds against thousands of dairy producers (including cooperatives) throughout the United States. The claims seek the recovery of milk checks received from Dean within ninety days preceding Dean’s filing of bankruptcy (i.e. between August 14, […]
Agricultural Law Weekly Review—week ending September 4, 2020
Industrial Hemp: USDA Reopens Comment Period for Hemp Production Rule
On September 4, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced the reopening (85 FR 55363) of the comment period for the October 31, 2019 interim final rule, “Establishment of a Domestic Hemp Production Program” (84 FR 58522). USDA states that it is especially interested in comments from regulated parties operating during the 2020 production season and outlines the following twelve issues on which it particularly seeks comment:
- Measurement of Uncertainty for Sampling
- Liquid Chromatography Factor, 0.877
- Disposal and Remediation of Non-Compliant Plants
- Negligence
- Interstate […]
Agricultural Law Weekly Review—week ending August 21, 2020
Agricultural Labor: H-2A Rule Extends Petition Filing Deadline
On August 20, 2020, the U.S. Department of Homeland Security (DHS) published in the Federal Register a temporary final rule titled, “Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities” (85 FR 51304). The new rule impacts the April 20, 2020 temporary final rule (85 FR 21739) by extending the deadline for employees to file an extension of stay petition until December 17, 2020. Additionally, an employee may begin working for a new employer immediately once the petition is received by the […]
Agricultural Law Weekly Review—week ending July 24, 2020
Pesticides/Herbicides: California Appeals Court Affirms Jury Verdict that Bayer Liable for Glyphosate-Caused Cancer but Reduces Damages
On July 20, 2020, the California First Appellate District Court of Appeal issued an opinion affirming liability but reducing a state trial court’s 2018 jury verdict against Monsanto (purchased by Bayer in June 2018) in Johnson v. Monsanto, No. A155940. The appeals court affirmed the jury’s finding that Monsanto’s product caused Mr. Johnson’s non-Hodgkin’s lymphoma through nearly daily use of Round-Up while employed as a school district grounds manager but reduced the award as excessive, from $289.3 million ($39.3 million in compensatory […]
