Regulatory Policy
Agricultural Law Weekly Review—July 8, 2025
Next Week: Tues. July 15—Quarterly Dairy Legal Webinar: 2025 Federal Milk Marketing Order Reforms
New! Progressive Dairy Podcast with Center Staff Attorney Brook Duer: How to Proactively Prepare and Protect Your Workforce Amid ICE Raids, I-9 Audits and Other Immigration Concerns
Agricultural Labor: DOL Publishes Proposed Rule to Rescind 2024 ‘Temporary Ag Worker Protections’ Rule 🌾
On July 2, 2025, the U.S. Department of Labor (DOL) Employment and Training Administration (ETA) and Wage and Hour Division (WHD) published in the Federal Register a proposed rule (90 FR 28919) to rescind the agencies’ 2024 final rule, “Improving Protections for Workers […]
Agricultural Law Weekly Review—July 1, 2025
This month—July 15: July 2025 Quarterly Dairy Legal Webinar
New! Why Aren’t PFAS Compounds in Land-Applied Biosolids Prohibited By EPA?, Center Staff Attorney Brook Duer, Southern Ag Today
Agricultural Labor: DOL Suspends Enforcement of 2024 ‘Temporary Ag Worker Protections’ Rule 🌾
On June 20, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) published a guidance document suspending enforcement of the agency’s 2024 final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” which “addressed matters such as rights to engage in concerted activity; worker guest access to employer-provided housing; termination standards […]
Agricultural Law Weekly Review—June 3, 2025
National Agricultural Policy: House Ag Committee Publishes Draft Budget Resolution Plan 🌾
On May 12, 2025, the House Committee on Agriculture announced the publication of its draft text to accommodate the federal budget resolution’s reconciliation directives (H. Con. Res. 14). Additionally, the committee published a section-by-section overview of the draft. For more detail on the bill’s provisions, see Peggy Kirk Hall, House Farm Bill Reconciliation Summary Overview, Ohio St. Univ. Ext. Farm Off. Blog (May 27, 2025) and Kristine A. Tidgren, What Tax Provisions are in the House’s Big Beautiful Bill?, Iowa St. Univ. Ctr. […]
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—March 18, 2025
Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees 🌾
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 court’s 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, “Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to […]
Agricultural Law Weekly Review—March 11, 2025
Water Quality: Supreme Court Holds ‘Generic Prohibitions’ Unauthorized by Clean Water Act 🌾
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 “generic prohibitions,” otherwise known as “end-result” 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 (“limitation,” “implement,” and “meet”) “suggest EPA must set specific rules permittees must follow to achieve water quality […]
Agricultural Law Weekly Review—February 25, 2025
This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline 🌾
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 Act’s (CTA) Beneficial Ownership Information (BOI) reporting requirements. Smith v. United States Dep’t 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, “For the vast majority of reporting companies, the new deadline to […]
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—January 9, 2023
Water Quality: D.C. Circuit Court Vacates and Remands Conowingo Dam License 🌾
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, LLC’s 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 […]
