WOTUS
Agricultural Law Weekly Review—April 22, 2024
Webinars This Week!
- Apr. 23, 2024, U.S. State Milk Pricing & Supports, Part 1
- Apr. 26, 2024, Understanding the Basics of Producer Protections for Buyer Default
Nutrition Programs: USDA Publishes WIC Final Rule—Includes White Potatoes, Reduces Milk 🌾
On April 18, 2024, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) published in the Federal Register a final rule (89 FR 28488) finalizing revisions to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Also announced by USDA, the final rule enacts numerous changes, including
- Allowing the purchase of white potatoes,
Agricultural Law Weekly Review—March 11, 2024
Agricultural Labor: Fifth Circuit Remands ‘Independent Contractor’ Rule Challenge to District Court, DOL January 2024 Rule Effective March 11, 2024 🌾
On February 19, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the district court’s decision and remanding a case challenging the U.S. Department of Labor’s (DOL) March 2021 delay (86 FR 12535) and May 2021 withdrawal (86 FR 24303) of the agency’s independent contractor rule, issued on January 7, 2021 (86 FR 1168) shortly before the change of administration. Coalition v. Su, No. 22-40316. The January 2021 […]
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule 🌾
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of “Waters of the United States” (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits “interstate wetlands” from the “interstate waters” jurisdictional language and “wetlands and streams” from the “additional waters” jurisdictional language; removes the […]
Agricultural Law Weekly Review—July 17, 2023
Conservation Programs: USDA Announces $300 Million, Draft Federal Strategy to Improve Greenhouse Gas Measurement and Carbon Sequestration 🌾
On July 12, 2023, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register (88 FR 44251) requesting public comment on an interagency draft report: Federal Strategy to Advance Measurement and Monitoring Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors. Additionally, USDA announced $300 million in available funding to “improve measurement, monitoring, reporting and verification of greenhouse gas emissions and carbon sequestration in climate-smart agriculture and forestry.” According to the announcement, the draft strategy […]
Agricultural Law Weekly Review—July 10, 2023
Agricultural Antitrust: Federal Court Denies Poultry Producers’ Motion to Dismiss, Antitrust Price-Fixing Litigation Will Continue to Trial 🌾
On June 30, 2023, the U.S. District Court for the Northern District of Illinois issued a memorandum opinion and order denying 23 of the 38 separately filed motions for summary judgment in the consolidated class-action case In re Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637. The court stated, “The evidence against the following Defendants is sufficient for a reasonable jury to find by a preponderance of the evidence that these defendants reached an agreement to restrict supply in order to increase price: […]
Agricultural Law Weekly Review—April 10, 2023
Water Quality: Stay Granted in Litigation on Petition to Compel Revision of Clean Water Act CAFO Regulations 🌾
On April 3, 2023, the U.S. Court of Appeals for the Ninth Circuit entered an order staying a petition for writ of mandamus filed against the U.S. Environmental Protection Agency (EPA) by several environmental groups, pursuant to a joint stipulation filed by the parties in the case of Food & Water Watch, et al v. USEPA, No. 22-70226. According to the terms of the stay, EPA must respond by August 15, 2023 to a 2017 petition asking the agency […]
Agricultural Law Weekly Review—March 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain 🌾
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller mixed species growers (7,000 birds or less) supplying East Coast live bird markets, but also including six (6) commercial production premises (turkey—3, ducks—2, and broilers—1). Twenty-three (23) of the detections have been in Lancaster County, as are the overwhelming majority of active control […]
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
Agricultural Law Weekly Review—January 30, 2023
WOTUS: Ag Groups Challenge New WOTUS Rule 🌾
On January 18, 2023, several agricultural advocacy groups and the state of Texas filed complaints in the U.S. District Court for the Southern District of Texas Galveston Division seeking to vacate the recently published final rule defining “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). Am. Farm Bureau Federation v. U.S. EPA, No. 3:23-cv-00020. Among these advocacy groups are the American Farm Bureau Federation, the National Cattlemen’s Beef Association, the National Pork Producers Council, and others. The advocacy groups argue that the new final rule […]
Agricultural Law Weekly Review—January 23, 2023
WOTUS: EPA Publishes Final Rule Defining ‘the Waters of the United States’ 🌾
On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army Corps of Engineers published in the Federal Register a final rule revising the definition of “the Waters of the United States” (WOTUS). This rule defines the range of the waters protected under the Clean Water Act (CWA) and will take effect March 20, 2023. According to EPA, the new definition better represents the intent of the CWA, Supreme Court case law, and scientific expertise. More information on the new rule […]
