Agricultural Law Weekly Review
The Agricultural Law Weekly Review provides an update of recent agricultural law developments from local, state, national, and international levels. Subscribe for updates.
Agricultural Law Weekly Review—April 22, 2025
This week—Fri. Apr. 25: Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers
National Agricultural Policy: USDA Cancels ‘Partnerships for Climate-Smart Commodities,’ Announces ‘Advancing Markets for Producers’ 🌾
On April 14, 2025, the U.S. Department of Agriculture announced that the agency is cancelling its Partnerships for Climate-Smart Commodities (PCSC) program, initiated in 2022 under the Commodity Credit Corporation Charter Act. USDA states that “the majority of” PCSC “projects had . . . high administration fees which in many instances provided less than half of the federal funding directly to farmers” and that the […]
Agricultural Law Weekly Review—April 15, 2025
Today! Apr. 15 at Noon: Quarterly Dairy Legal Webinar—Bovine Disease Controls
Pesticides/Herbicides: Monsanto Files Petition for Certiorari Seeking FIFRA Preemption in Glyphosate Cases 🌾
On April 4, 2025, Monsanto filed a petition for writ of certiorari in the Supreme Court of the United States, asking the court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state-law failure-to-warn claim. Monsanto Company v. John L. Durnell, No. 24-1068. The petition appeals a decision from the Missouri Court of Appeals upholding a $1.25 million jury verdict awarded to a plaintiff claiming that Monsanto’s glyphosate-based […]
Agricultural Law Weekly Review—April 8, 2025
Next Week: Apr. 15, 2025, Quarterly Dairy Legal Webinar—Bovine Disease Controls: Federal and PA Laws & Regulations
Agribusiness: FinCEN Publishes Interim Final Rule Limiting BOI Reporting Requirement to Foreign Companies 🌾
On March 26, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) published in the Federal Register an interim final rule (90 FR 13688) to require only “foreign reporting companies” to report Beneficial Ownership Information (BOI) under the Corporate Transparency Act (CTA). According to the rule, “entities previously defined as ‘domestic reporting companies’ are exempted from the reporting requirements and do not have to report BOI to FinCEN, or […]
Agricultural Law Weekly Review—April 1, 2025
WOTUS: EPA Publishes Rule Requesting Recommendations for WOTUS definition 🌾
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published in the Federal Register a proposed rule (90 FR 13428) announcing listening sessions and seeking stakeholder comment on “implementation of the definition of ‘waters of the United States’ in light of the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency.” Previously, EPA issued an intra-agency memorandum on “proper implementation of ‘continuous surface connection’ under the definition of ‘waters of the United States.’” Also announced by EPA, the rulemaking […]
Agricultural Law Weekly Review—March 26, 2025
This Week: Fri. Mar. 28, 2025, Understanding the Basics of the Clean Water Act & Ag: Impaired Waters & TMDL Process
National Agricultural Policy: USDA Announces $10 Billion for Direct ECAP Payments 🌾
On March 18, 2025, the U.S. Department of Agriculture (USDA) announced (PDF) that the agency “is issuing up to $10 billion directly to agricultural producers through the Emergency Commodity Assistance Program (ECAP) for the 2024 crop year” to “help agricultural producers mitigate the impacts of increased input costs . . . falling commodity prices . . . and ‘market uncertainty.’” According to the announcement, the […]
Agricultural Law Weekly Review—March 18, 2025
Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees 🌾
On March 17, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order denying an administrative stay and upholding the district court’s preliminary injunction, which ordered the reinstatement of probationary employees at several federal agencies, including the U.S. Department of Agriculture (USDA). Am. Federation Gov. Empl., AFL-CIO v. U.S. Office of Personnel Management, No. 25-1677 (N.D. Ca. 3:25-cv-01780). The Ninth Circuit stated, “Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to […]
Agricultural Law Weekly Review—March 11, 2025
Water Quality: Supreme Court Holds ‘Generic Prohibitions’ Unauthorized by Clean Water Act 🌾
On March 4, 2025, the U.S. Supreme Court issued an opinion holding that the Clean Water Act (CWA) does not authorize the U.S. Environmental Protection Agency (EPA) to impose “generic prohibitions,” otherwise known as “end-result” provisions, in National Pollutant Discharge Elimination System (NPDES) permits. San Franscisco v. EPA, No. 21-7082. The majority reasoned that the plain meaning of the terms used in §1311(b)(1) of the CWA (“limitation,” “implement,” and “meet”) “suggest EPA must set specific rules permittees must follow to achieve water quality […]
Agricultural Law Weekly Review—March 4, 2025
This Week—Wed. Mar. 5: Compliance with New Federal and State Business Entity Informational Filing Requirements
Agribusiness: FinCEN Announces Pause on BOI Enforcement, Upcoming Interim Rule 🌾
On February 27, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) announced that the agency “will not issue any fines or penalties or take any other enforcement actions against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines,” which have been extended until March 21, 2025. FinCEN further states, “No fines or penalties will be issued, and no […]
Agricultural Law Weekly Review—February 25, 2025
This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline 🌾
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Act’s (CTA) Beneficial Ownership Information (BOI) reporting requirements. Smith v. United States Dep’t Treasury, No. 6:24-cv-00336. On February 19, 2025, the Financial Crimes Enforcement Network (FinCEN) published its response and updated BOI timeline, which states, “For the vast majority of reporting companies, the new deadline to […]
Agricultural Law Weekly Review—February 18, 2025
NEW: Ag Law Issue Tracker—Trump Administration’s First 100 Days on Agricultural and Food Policy
Avian Influenza: Pennsylvania Passes Bill Amending Poultry Technician Licensure Law 🌾
On February 6, 2025, Pennsylvania Governor Josh Shapiro signed into law H.B. 324 (2025 Act 1) amending the Poultry Technician Licensure Law (1955 Act 466). Also announced by the governor, the new law extends eligibility to authorized workers in the United States for Poultry Technician License Certification, previously only available to U.S. citizens. The law also allows “Certified Poultry Technicians . . . to take samples from birds from the farms […]
