WOTUS
Agricultural Law Weekly Review—August 29, 2019
Checkoff Programs: Court Dismisses Challenge Regarding Use of Pork Checkoff Funds
On August 23, 2019, the U.S. Court of Appeals, District of Columbia Circuit dismissed a lawsuit alleging that the government improperly used funds collected under the pork checkoff program (Humane Society of the United States v. Perdue, No. 18-5188). Under the Pork Promotion, Research, and Consumer Information Act, the government may collect “assessments” from producers for the purpose of “strengthen[ing] the position of the pork industry in the marketplace.” Known as “checkoffs,” these assessments are paid by producers to the National Pork Board (Board) who in turn uses the […]
Executive Order on the “Waters of the United States” Rule
Written by M. Sean High—Staff Attorney and Errin McCaulley – Research Assistant
On February 28, 2017, President Donald J. Trump signed an Executive Order directing the Administrator of the Environmental Protection Agency (Administrator) and the Assistant Secretary of the Army for Civil Works (Assistant Secretary) to review the current federal “Waters of the United States” rule (WOTUS). The outcome of this review could have significant implications for both the agricultural and energy sectors.
Under the Executive Order, the Administrator and Assistant Secretary are required to review WOTUS to determine if the current rule is consistent with the […]
