Water Quality
Agricultural Law Weekly Review—April 23, 2020
COVID-19: USDA Announces Coronavirus Food Assistance Program:
On April 17, 2020, USDA announced the administrative creation of the Coronavirus Food Assistance Program, utilizing $19 billion of Coronavirus Aid, Relief, and Economic Security Act (CARES) and Families First Coronavirus Response Act (FFCRA) authority and appropriations. The program’s primary initiatives are titled (1) Direct Support to Farmers and Ranchers; and (2) USDA Purchase and Distribution. The Direct Support program will use $16 million for producer compensation for 2020 marketing year actual losses resulting from price, supply chain, demand, and over-supply impacts of COVID-19. The USDA Purchase program will use $3 billion to purchase three categories of food from producers (fresh produce, dairy, […]
Shale Law Weekly Review – April 14, 2020
Biofuels: Court of Appeals Denies Request for Rehearing on Renewable Fuel Standard Exemptions
On April 7, 2020, the U.S. Court of Appeals for the Tenth Circuit denied a request for rehearing from small oil refineries regarding renewable fuel standard exemptions. (NCGA news release, Renewable Fuels Association v. EPA, No. 18-9533). The request was filed in response to a January 2020 ruling by the court that vacated the Environmental Protection Agency’s (EPA) extension of renewable fuel standard exemptions to three small oil refineries. (Jan. Order, pg. 99). EPA issued a news release stating that it planned to implement the court’s January decision once […]
Agricultural Law Weekly Review—March 5, 2020
Invasive Species: Pennsylvania Spotted Lanternfly Quarantine Order Expanded
On March 3, 2020, the Pennsylvania Department of Agriculture announced that, effective March 2, 2020, the following twelve counties have been added by amendment to the geographic scope, and are therefore now subject to the requirements, of the Spotted Lanternfly Quarantine Order of May 26, 2018: Allegheny, Beaver, Blair, Columbia, Cumberland, Huntingdon, Juniata, Luzerne, Mifflin, Northumberland, Perry, and York. The amendment will be published in the Pennsylvania Bulletin on March 14, 2020.
Industrial Hemp: USDA Approves Three More State Hemp Production Plans, Including Pennsylvania
On February 26, 2020, and again on March 3, 2020, […]
Shale Law Weekly Review – February 25, 2020
Water Quality: Study Examines Hydraulic Fracturing and Pennsylvania Watersheds
On February 3, 2020, the Proceedings of the National Academy of Sciences (PNAS) published a study that focused on shale gas development in 25 watersheds over a two-year period. The Pennsylvania State Forests (PASF) area was chosen for the study because the area has “few other potential anthropogenic stressors” on streams while containing a “gradient of shale gas development under a consistent regulatory structure.” The researchers found no chemical or microbial impact or connection between hydraulic fracturing and the watersheds. The study, however, did identify a possible relationship between sediment caused by […]
Agricultural Law Weekly Review—February 20, 2020
Pesticides/Herbicides: Missouri Federal Jury Returns $265 Million Verdict in Dicamba Drift Trial
On February 14 and 15, 2020, a jury empaneled in the case of Bader Farms, Inc. v. Monsanto Company and BASF Corporation, (Case No. 1:16-cv-00299-SNL) in the U.S. District Court for the Eastern District of Missouri returned verdicts in favor of Plaintiffs and against Defendants, awarding $15 million in compensatory damages and $250 million in punitive damages. The case appears to be the first U.S. jury trial and verdict in a cause of action for property damage to a neighboring landowner caused by drift of the herbicide […]
Agricultural Law Weekly Review —January 16, 2020
International Trade: United States and China Sign Agreement Impacting Agricultural Exports To China
On January 15, 2020, The United States and the People’s Republic of China executed an agreement titled, “Economic and Trade Agreement Between the United States of America and the People’s Republic of China,” which serves as a settlement agreement of certain enforcement actions initiated by the White House under authority of Section 301 of the Trade Act of 1974. According to the February 27, 2019 testimony of United States Trade Representative (USTR) Robert Lighthizer before the House and Ways Committee, such an agreement does not require […]
Agricultural Law Weekly Review —November 21, 2019
Invasive Species: USDA Restricts Imports of Tomatoes and Peppers to Prevent Tomato Brown Rugose Fruit Virus
On November 15, 2019, the USDA’s Animal and Plant Health Inspection Service (APHIS) announced a Federal Order (DA-2019-28) restricting the import of tomato and pepper fruits, seed lots, and transplants, effective Friday, November 22, 2019, in order to prevent the introduction of tomato brown rugose fruit virus (ToBRFV) into the United States. ToBRFV naturally infects tomato and pepper plants and can cause discoloration, deformation and irregular maturation, resulting in excessive fruit loss. The virus spreads easily through contact between infected plant parts, seeds, contaminated tools […]
Agricultural Law Weekly Review – November 14, 2019
Dairy Policy: Dean Foods Files Chapter 11 Bankruptcy Petition and Discloses Sale Negotiations to Dairy Farmers of America
On November 12, 2019, Southern Foods Group, LLC d/b/a Dean Foods, and forty-two (42) affiliated companies (collectively referred to as “Dean”) filed Chapter 11 reorganization bankruptcy petitions in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division. All of the bankruptcy proceedings are being jointly administered under Case No. 19-36313. The firm of Epiq Corporate Restructuring, LLC, is retained as Dean’s bankruptcy administrative agent and maintains a website disseminating all legally-required public information about the proceedings, including the court dockets and […]
Agricultural Law Weekly Review – September 19, 2019
On September 12, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced the repeal of the 2015 Clean Water Act rule defining “waters of the United States” (WOTUS). According to EPA, the repeal of the 2015 rule is the first step in its two-step approach to redefine WOTUS and clearly distinguish between federally regulated and state-controlled waters. For the second step, EPA proposed a new WOTUS definition in December 2018 (84 FR 4154). The final rule will become active after 60 days once published in the Federal Register. For further […]
Agricultural Law Weekly Review – September 13, 2019
Water Quality: EPA Seeks Comment on Water Quality Trading Policy
On September 5, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced that the agency is seeking comment on guidance issued in the memorandum, Updating the EPA’s Water Quality Trading Policy to Promote Market-Based Mechanisms for Improving Water Quality. Specifically, EPA requests comment on one of the principles outlined in the memo which states that EPA “encourages simplicity and flexibility in implementing baseline concepts.” The memo asks stakeholders to consider the best way to apply the load allocation baseline in order to improve water quality. Under the Clean Water Act, […]
