Water Quality
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 October 16, 2020
Antitrust: JBS Subsidiary Pilgrim’s Pride Pleads Guilty to Price-Fixing
On October 14, 2020, Pilgrim’s Pride Corporation (Pilgrim’s), a wholly-owned subsidiary of JBS S.A., issued an announcement stating that it has entered into a plea agreement with the U.S. Department of Justice (DOJ) regarding its involvement in broiler chicken price-fixing. According to the announcement, Pilgrim’s will pay $110,524,140 in exchange for no further charges if remaining in compliance with the plea agreement, which remains subject to approval from the U.S. District Court for the District of Colorado. United States v. Pilgrim’s Pride Corporation, No. 1:20-cr-00330. Multiple over parties remain […]
Agricultural Law Weekly Review—week ending September 11, 2020
Water Quality: Lawsuits filed against EPA over Pa and NY Chesapeake Bay
On September 10, 2020, the Chesapeake Bay Foundation and the states of Maryland, Virginia, Delaware, and the District of Columbia filed separate complaints against the U.S. Environmental Protection Agency (EPA) seeking to invalidate New York and Pennsylvania’s Chesapeake Bay Agreement nutrient reduction plans and compel EPA Secretary Andrew Wheeler to ensure state compliance with the Chesapeake Bay Agreement nutrient reduction goals. (Chesapeake Bay Foundation, Inc. v. Environmental Protection Agency, No. 1:20-cv-02529; State of Maryland v. Wheeler, No. 1:20-cv-02530). Filed in the U.S. District Court […]
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 […]
Shale Law Weekly Review – July 7, 2020
Pipelines: Michigan Court Allows Partial Restart of Enbridge Line 5 Pipeline After Temporary Restraining Order Issued
On July 1, 2020, the Michigan Circuit Court for Ingham County amended a Temporary Restraining Order (TRO) that had halted operations of both East and West lines of the Enbridge Line 5 pipeline. (Nessel v. Enbridge Energy, LP, No. 19-474-CE). A TRO was issued on June 25, 2020, after damage to the East line was found. However, the Amended TRO allows the West line of the pipeline to restart operations and allows for an “in-line investigation” of the West line. The Amended TRO states that the East […]
Shale Law Weekly Review – June 8, 2020
Pipelines: Court of Appeals Denies Stay of Court Order in Pipeline Permit Case
On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay a district court order that enjoined the use of Nationwide Permit 12 (NWP 12) for the construction of new oil and gas pipelines. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 20-35412). The U.S. Army Corps of Engineers (Corps) filed its Motion for Stay Pending Appeal on May 13, 2020. The Corps argued that the district court order was “improper” because it granted relief that was not requested by the Plaintiffs. Plaintiffs, […]
Shale Law Weekly Review – May 26, 2020
Water Quality/ Pipelines: New York Denies Water Quality Permit for NESE Pipeline Project
On May 15, 2020, the New York State Department of Environmental Conservation (Department) denied a Water Quality Certification application for the Northeast Supply Enhancement Project (Project) proposed by the Transcontinental Gas Pipe Line Company (Transco). Transco was granted a certificate for the Project by the Federal Energy Regulatory Commission on May 3, 2019, subject to the approval of a state-issued Water Quality Certificate. On May 17, 2019, Transco submitted its Water Quality application to the Department and the application received over 16,000 comments from the public. The Department denied […]
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 […]
Shale Law Weekly Review – May 12, 2020
Water Quality: Supreme Court Vacates Kinder Morgan Pipeline Spill Case in Light of Recent Clean Water Act Decision
On May 4, 2020, the U.S. Supreme Court ordered that a Kinder Morgan pipeline leak case be vacated and remanded in light of a recent Clean Water Act decision (Kinder Morgan Energy Partners, L.P. v. Upstate Forever and Savannah Riverkeeper, No. 18-268). The case was remanded to the U.S. Court of Appeals for the Fourth Circuit following the Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020). In 2014, Kinder Morgan’s Plantation pipeline ruptured and leaked 370,000 […]
Agricultural Law Weekly Review—April 30, 2020
COVID-19: President Delegates Defense Production Act Authority to USDA Secretary to Ensure Continued Supply of Meat and Poultry
On April 28, 2020, President Donald Trump issued an Executive Order, titled “Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19.” This Executive Order delegates authority to USDA Secretary Sonny Perdue “to ensure the continued supply of meat and poultry” by taking “all appropriate action” under the The Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) (DPA), “to ensure that meat and poultry processors […]
