WOTUS
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 […]
Agricultural Law Weekly Review—Week Ending June 3, 2022
Food Policy: USDA Announces “Framework to Transform Food Systems” 🌾
On June 1, 2022, the U.S. Department of Agriculture announced details of a set of actions collectively called a “Food Systems Transformation” framework, funded by American Rescue Plan Act and other pandemic relief legislation, to serve the purposes announced in Executive Order 14017 (America’s Supply Chains) and “to benefit consumers, producers and rural communities by providing more options, increasing access, and creating new, more, and better markets for small and mid-size producers.” The initial announcement outlined over $3 billion of investment in at least 16 USDA programs to […]
Agricultural Law Weekly Review – Week Ending November 19, 2021
COVID-19: Federal Courts Affirm Stay and Consolidate Cases Challenging OSHA’s Vaccination and Testing Emergency Temporary Standard 🌾
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an opinion reaffirming the court’s November 6, 2021 temporary stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (86 FR 61402). BST Holdings v. OSHA, No. 21-60845. OSHA’s “Emergency Temporary Standard” webpage now states that, although the agency “remains confident in its authority to protect workers in emergencies, OSHA has […]
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
Agricultural Law Weekly Review – Week Ending October 22, 2021
Animal Welfare: Federal Court Refuses to Dismiss Suit to Compel USDA Regulations on Poultry Processing Plant Animal Handling 🌾
On October 13, 2021, the U.S. District Court for the Western District of New York issued a decision refusing to dismiss two animal welfare organizations’ lawsuit filed against the U.S. Department of Agriculture (USDA) for refusing to issue regulations governing live animal handling practices at poultry processing plants. Animal Welfare Institute et al. v. Perdue et al., No. 6:20-cv-06595. While the decision rests upon technical legal issues of standing and subject matter jurisdiction, the lawsuit, if successful, would compel USDA […]
Agricultural Law Weekly Review – Week Ending October 15, 2021
WOTUS: EPA and Department of the Army Announce Call for Stakeholder Roundtable Nominations 🌾
On October 13, 2021, the U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (Army) announced that they are seeking nominations for ten regional roundtables, two in each of five defined U.S. geographic regions (Northeast, Southeast, Midwest, West, and Southwest), to inform the agencies on the unique geographical contexts and impacts of “waters of the United States” (WOTUS) as EPA and Army develop a new WOTUS rule. The agencies invite stakeholders to identify and submit nominations proposing a participant roster of no more […]
Agricultural Law Weekly Review – Week Ending October 1, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Accept Appeal Challenging Constitutionality of California’s Proposition 12 🌾
On September 27, 2021, the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF) filed a petition for writ of certiorari in the U.S. Supreme Court seeking to have California’s Proposition 12 declared unconstitutional as a violation of the U.S. Constitution’s Commerce Clause. Proposition 12 in pertinent part prohibits the in-state sale of pork products from animals raised in a manner not compliant with California’s in-state swine confinement standards. National Pork Producers Council, et al. v. Karen Ross, No. 21-468. The […]
Agricultural Law Weekly Review – Week Ending September 24, 2021
WOTUS: Supreme Court Petition Seeks Review of Rapanos Case Analysis 🌾
On September 24, 2021, Priest Lake, Idaho landowners Michael and Chantell Sackett filed a petition for writ of certiorari in the U.S. Supreme Court seeking to revisit the court’s 2006 Rapanos decision attempting to define jurisdictional “waters of the United States” under the Clean Water Act (CWA). Michael Sackett, et ux. v. EPA, No. 21-454. In Rapanos v. United States, the plurality opinion, in which four justices joined, determined that the CWA regulates surface waters only when they have a “continuous surface water connection” to […]
Agricultural Law Weekly Review – Week Ending September 17, 2021
Pennsylvania Senate Agriculture and Rural Affairs Committee Hearing: Utility Scale Solar Development and Agricultural Land in Pennsylvania, September 21, 2021, at 9:00 am. Agenda, witness list and live streaming are available here.
Antitrust: Minnesota Federal Court Denies All Motions to Dismiss Filed by Beef Packers in Consolidated Civil Antitrust Class Action Litigation 🌾
On September 14, 2021, the U.S. District Court for the District of Minnesota issued a memorandum opinion and order denying approximately twenty motions to dismiss in a large consolidated civil class action antitrust case wherein multiple plaintiffs allege multiple beef industry participants, acting individually and in […]
Agricultural Law Weekly Review – Week Ending September 3, 2021
WOTUS: Arizona Federal Court Vacates 2020 Navigable Waters Protection Rule
On August 30, 2021, the U.S. District Court for the District of Arizona issued an order vacating and remanding the U.S. Environmental Protection Agency’s (EPA) 2020 Navigable Waters Protection Rule (NWPR) (85 FR 22250) which defined “Waters of the United States” (WOTUS) for the purposes of the Clean Water Act (CWA). Pasqua Yaqui Tribe v. EPA, No. 4:20-cv-00266. However, pursuant to the court’s order, the so-called 2019 “Repeal Rule,” which repealed the 2015 “Clean Water Rule” (80 FR 37053) and re-instated the pre-2015 regulations (84 FR […]
