Pesticides
Agricultural Law Weekly Review—week ending November 6, 2020
Agricultural Labor: Department of Labor Modifies H2A Minimum Wage Calculation
On November 5, 2020, the U.S. Department of Labor’s (DOL) Employment and Training Administration published in the Federal Register a final rule titled “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States” (85 FR 70445), which changes the calculation method of the Adverse Effect Wage Rate (AEWR), or the minimum wage for agricultural guest workers. Under the final rule, DOL will base the AEWR for field and livestock workers on the 2019 Farm Labor Survey (FLS) “average annual gross […]
Agricultural Law Weekly Review—week ending October 30, 2020
Pesticides: EPA Approves Three Dicamba Products’ Registrations Until December 20, 2025
On October 27, 2020, the U.S. Environmental Protection Agency (EPA) announced its decision to approve five-year registrations of three dicamba products for “over-the-top” use: Bayers’ XtendiMax and BASF’s Engenia, whose registrations were previously cancelled, and Syngenta’s Tavium, whose registration was not cancelled but set to expire December 20, 2020. DuPont’s FeXapan is not part of the approval decision and remains unapproved for any use at this time. The three decisions, and supporting documents, are posted directly to the Regulations.gov nonrulemaking docket EPA-HQ-OPP-2020-0492 titled “
Agricultural Law Weekly Review—week ending September 25, 2020
Industrial Hemp: Lawsuit Challenges DEA Hemp Interim Final Rule
On September 18, 2020, the Hemp Industries Association (HIA) and RE Botanicals filed, in the U.S. Court of Appeals for the District of Columbia Circuit, a petition for review (Hemp Industries Association, et al v. DEA, et al, Docket No. 20-01376) challenging the August 21, 2020 interim final rule (85 FR 51639) issued by the U.S. Drug Enforcement Administration (DEA). Additionally, on September 18, 2018, the Hemp Industries Association submitted a comment on the DEA’s interim rule, see Docket: DEA-2020-0023. The primary claim in both Hemp Industries […]
Agricultural Law Weekly Review—week ending July 10, 2020
Pesticides: Plaintiffs Withdraw Class Settlement after Judge Expresses Doubt
On July 6, 2020, the U.S. District Court for the Northern District of California issued a pretrial order in the case In re: Roundup Products Liability Litigation, expressing doubt about the “propriety and fairness” of Monsanto/Bayer’s proposed $10 billion payment to settle most pending and all future glyphosate suits. The court articulated several specific concerns about the company’s proposed settlement of all future claims through a class action process with a panel of scientists deciding “whether and at what dose Roundup is capable of causing cancer.” The Court questioned the “appropriateness” […]
Agricultural Law Weekly Review—week ending July 3, 2020
COVID-19: Paycheck Protection Program Extended
On June 30 and July 1, 2020, the U.S. Senate and the U.S. House of Representatives respectively passed S.4116, which extends the June 30, 2020 Paycheck Protection Program application deadline to August 8, 2020. The bill awaits the President’s signature.
Crop Insurance: Notice of Loss Filing Requirements Eased
On July 2, 2020, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced several “flexibilities” for producers filing a Notice of Loss on both insured and uninsured crops for prevented planted acres and failed crops. RMA states that a Notice of Loss “can be filed before completing the crop acreage report,” […]
Agricultural Law Weekly Review—week ending June 26 , 2020
Pesticides: Bayer Announces Settlement of Glyphosate Exposure and Dicamba Drift Claims
On June 24, 2020, Bayer announced that it will make a settlement payment of $8.8 billion to $9.6 billion to settle “approximately 75%” of current glyphosate personal injury chemical exposure lawsuits, including the claims contained in the multi-district litigation consolidated for judicial administration in the U.S. District Court for the Northern District of California, as well as a payment of $1.25 billion to settle future claims through a class action process to be established. The settlement does not include the three California bellwether jury verdicts returned so far, […]
Agricultural Law Weekly Review—week ending June 19, 2020
COVID-19: Pennsylvania’s CARES Act Funding Establishes $15 Million PA Dairy Indemnity Program
On June 16, 2020, Pennsylvania Governor Tom Wolf announced the availability of a total of $40 million in federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to be used by the Pennsylvania Department of Agriculture for dairy farmers, food programs, and agricultural producers, as appropriated by the General Assembly in the partial 2020-21 state fiscal year budget. In addition to $15 million to the State Food Purchase Program and $5 million to the Pennsylvania Agricultural Surplus System (PASS) for charitable food system […]
Agricultural Law Weekly Review—week ending June 12, 2020
Pesticides: EPA Cancels Dicamba Product Registrations and That Action is Immediately Challenged in Court
On June 8, 2020, The U.S. Environmental Protection Agency (EPA) issued a “Final Cancellation Order,” effective retroactively to June 3, 2020, of the 2018 product registrations of dicamba herbicides Xtendimax, Engenia, and FeXapan in order to comply with the U.S. Court of Appeals for the Ninth Circuit’s (Ninth Circuit) June 3, 2020, decision invalidating those three registrations as having been granted in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA’s order states that existing stock in the possession of commercial […]
Agricultural Law Weekly Review—week ending June 5, 2020
COVID-19: OSHA and CDC Release COVID-19 Agriculture Industry Guidance
On June 2, 2020, the U.S. Department of Labor (DOL) announced the release of a guidance document titled, “Agriculture Workers and Employers: Interim Guidance from CDC and the U.S. Department of Labor,” issued jointly by DOL’s Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC). This is approximately the thirtieth workplace-specific such guidance issued in the preceding weeks. The guidance advises that employers follow the hierarchy of controls to assess their COVID-19 risks and create a control plan that includes screening […]
Agricultural Law Weekly Review—week ending May 22, 2020
COVID-19: USDA Announces Details of Direct Payments Portion of Coronavirus Food Assistance Program
On May 19, 2020, U.S. Secretary of Agriculture Sonny Perdue announced the direct payments portion of the Coronavirus Food Assistance Program (RIN 0503-AA65), which will provide $16 billion in direct payments to producers of wool, livestock, dairy, and specialty and non-specialty crops who have experienced a “five-percent-or-greater price decline due to COVID-19.” Payments are limited to $250,000 “per person or entity” with exceptions for corporate entities of up to three shareholders who “contribute[] substantial labor or management” to operations. USDA will accept applications […]
