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—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 […]
Agricultural Law Weekly Review—February 11, 2025
Webinar Next Week—Feb. 18, 2025, Quarterly Dairy Legal Webinar: HPAI in Dairy Cattle: Regulatory Measures Thus Far
Local Agricultural Policy: Pennsylvania Governor’s Proposed 2025–26 Budget Appropriates $255 Million for Agriculture 🌾
On February 4, 2025, Pennsylvania Governor Josh Shapiro presented his proposed 2025–26 state budget and enabling legislation, which includes $255 million for agriculture, down 2.3% from $261 million in 2024–25 (full PDF; budget in brief; line-item summary). However, the proposed budget appropriates $25 million for the Agriculture Innovation and Development Grant Program—which also includes “$2,000,000 for a county-based ‘digester’ pilot program”—a total increase […]
Agricultural Law Weekly Review—February 4, 2025
National Agricultural Policy: Temporary Restraining Order Issued Against Federal Funding Pause After Memo Rescission 🌾
On January 27, 2025, the Office of Management and Budget (OMB) issued memorandum M-25-13 directing “Federal agencies [to] . . . temporarily pause all activities related to obligation or disbursement of all Federal financial assistance . . . including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.” The next day, on January 28, two separate complaints were filed seeking an injunction against the memorandum: one filed by several interest groups in the […]
Agricultural Law Weekly Review—January 28, 2025
Agribusiness: Supreme Court Stays BOI Injunction But Reporting Requirements Still Paused 🌾
On January 23, 2025, the U.S. Supreme Court issued an opinion staying the U.S. District Court for the Eastern District of Texas’s December 5, 2025 injunction in Texas Top Cop Shop v. Garland and again reinstating the Corporate Transparency Act (CTA) and the act’s Beneficial Ownership Information (BOI) reporting requirements. James R. McHenry, III, Acting Attorney General, v. Texas Top Cop Shop, No. 24A653. However, another nationwide injunction of the law, issued in a separate case on January 7, 2025, is still effective. Smith v. United […]
Agricultural Law Weekly Review—January 21, 2025
THIS WEEK: Webinar on Jan. 24, 2025, Understanding the Basics of Pennsylvania’s Carbon Sequestration Law
NEW: Farmland Energy Podcast, The Inflation Reduction Act and Agriculture (Jan. 14, 2025)
Dairy Policy: USDA Publishes Final Rule Amending Federal Milk Marketing Order Pricing Provisions 🌾
On January 17, 2025, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (90 FR 6600) amending the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs) after “separate producer referenda held in each of the 11 FMMOs obtained the necessary two-thirds vote in favor of adoption of […]
