Regulatory Policy
Agricultural Law Weekly ReviewâMarch 18, 2025
Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees đŸ
On March 17, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order denying an administrative stay and upholding the district courtâs preliminary injunction, which ordered the reinstatement of probationary employees at several federal agencies, including the U.S. Department of Agriculture (USDA). Am. Federation Gov. Empl., AFL-CIO v. U.S. Office of Personnel Management, No. 25-1677 (N.D. Ca. 3:25-cv-01780). The Ninth Circuit stated, âGiven that the district court found that the employees were wrongfully terminated and ordered an immediate return to [âŠ]
Agricultural Law Weekly ReviewâMarch 11, 2025
Water Quality: Supreme Court Holds âGeneric Prohibitionsâ Unauthorized by Clean Water Act đŸ
On March 4, 2025, the U.S. Supreme Court issued an opinion holding that the Clean Water Act (CWA) does not authorize the U.S. Environmental Protection Agency (EPA) to impose âgeneric prohibitions,â otherwise known as âend-resultâ provisions, in National Pollutant Discharge Elimination System (NPDES) permits. San Franscisco v. EPA, No. 21-7082. The majority reasoned that the plain meaning of the terms used in §1311(b)(1) of the CWA (âlimitation,â âimplement,â and âmeetâ) âsuggest EPA must set specific rules permittees must follow to achieve water quality [âŠ]
Agricultural Law Weekly ReviewâFebruary 25, 2025
This WeekâFri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline đŸ
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Actâs (CTA) Beneficial Ownership Information (BOI) reporting requirements. Smith v. United States Depât Treasury, No. 6:24-cv-00336. On February 19, 2025, the Financial Crimes Enforcement Network (FinCEN) published its response and updated BOI timeline, which states, âFor the vast majority of reporting companies, the new deadline to [âŠ]
Agricultural Law Weekly ReviewâNovember 5, 2024
Pesticides/Herbicides: Massachusetts State Court Grants Summary Judgment for Monsanto on FIFRA Preemption đŸ
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 plaintiffâs state law failure to warn claim was preempted by the labeling requirements of the Federal Insecticide and Fungicide Act (FIFRA), which âprovides that a state shall not impose . . . any requirements for labeling or packaging in addition to or different from those required underâ FIFRA. Cardillo v. Monsanto, No. 2177CV00462. The court stated that âwhile [âŠ]
Agricultural Law Weekly ReviewâOctober 11, 2024
Agricultural Labor: Federal Court Partially Enjoins 2023 H-2A Adverse Effect Wage Calculation Rule đŸ
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 Laborâs (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 âchallenge[d] the DOLâs decision to base the AEWR for H-2A workers who haul sugarcane from the field to [âŠ]
Agricultural Law Weekly ReviewâJanuary 9, 2023
Water Quality: D.C. Circuit Court Vacates and Remands Conowingo Dam License đŸ
On December 20, 2022, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating and remanding the license for Constellation Energy Generation, LLCâs Conowingo Dam. Waterkeepers Chesapeake v. FERC, No. 21-1139.  The court concluded that the Federal Energy Regulatory Commission (FERC) exceeded its statutory authority under section 401(a)(1) of the Clean Water Act (CWA) (33 U.S.C. § 1341(a)(1)) by granting the March 2021 license under a circumstance not enumerated in the CWA.  The court stated the CWA only allows FERC [âŠ]
Agricultural Law Weekly ReviewâWeek Ending January 21, 2022
Pesticides/Herbicides: âPureâ 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 Cooperativeâs motion to dismiss a claim against it alleging deceptive business practices, false advertising, and unjust enrichment because the companyâs SueBee brand honey was labeled with the words âPureâ or â100% Pureâ when the honey contained trace amounts of glyphosate. Scholder v. Sioux Honey Association, No. 2:16-cv-05369. Sioux Honey argued that its âPureâ labeling was not misleading because any glyphosate present in [âŠ]
Agricultural Law Weekly Reviewâweek ending January 15, 2021
Agricultural Labor: Maryland Court of Appeals Finds Tyson Farms Not Co-Employer of Poultry Farm Employee
On November 20, 2020, the Court of Appeals of Maryland issued an opinion reversing the decision of the Maryland Court of Special Appeals and finding that Tyson Farms was not a co-employer of a Maryland poultry farm worker who sustained an occupational lung disease during his employment and residence on a Worcester County chicken farm.  In overturning a jury verdict from the Circuit Court for Worcester County, which found Tyson not to be a joint employer, the majority of a Maryland Court of Special Appeals panel reversed the trial court and determined that Tyson was a co-employer with the farm ownerâwho had failed to carry workerâs compensation insuranceâand [âŠ]
