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 – Week Ending July 30, 2021
Animal Welfare: Federal Appeals Court Upholds California’s Proposition 12 With Five Months Until Its Effective Date 🌾
On July 28, 2021, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Nat’l Pork Producers Council, et al v. Karen Ross, et al, No. 20-55631, holding that California’s Proposition 12 in-state production animal confinement standards and in-state sales restriction for products not produced in accordance with them, do not violate the United States Constitution’s Commerce Clause. In upholding Proposition 12’s constitutionality, the Court affirmed the earlier decision upholding Proposition 12 issued by the U. S. District Court for […]
Agricultural Law Weekly Review – Week Ending July 23, 2021
WOTUS: County of Maui Filing Requests Court to Follow EPA Guidance, No Need for NPDES Permit 🌾
On July 21, 2021, in response to the U.S. District Court for the District of Hawaii’s July 15, 2021 ruling that the County of Maui (County) must obtain a Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit for its wastewater injection well disposal, Defendant County of Maui filed an analysis of the Environmental Protection Agency’s (EPA) January 2021 guidance memorandum, “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 […]
Agricultural Law Weekly Review – Week Ending July 16, 2021
WOTUS: Federal Court Grants EPA Request to Remand and Leaves Navigable Waters Protection Rule in Place 🌾
On July 15, 2021, the U.S. District Court for the District of South Carolina issued an order granting the U.S. Environmental Protection Agency’s (EPA) motion to remand without vacatur the Navigable Waters Protection Rule: Definition of “Waters of the United States” (85 FR 22250) (NWPR). South Carolina Coastal Conservation League v. Wheeler, No. 2:20-cv-01687. The court, which had previously stayed the case to allow for the administration change and EPA review of the rule, declined to explain its ruling in […]
Agricultural Law Weekly Review – Week Ending July 9, 2021
Antitrust: White House Executive Order on Competition Features Agriculture Prominently 🌾
On July 9, 2021, President Biden issued an executive order titled, “Executive Order on Promoting Competition in the American Economy” requiring multiple executive agencies, including the U.S. Department of Agriculture, to assess industry practices, revise or promulgate regulations accordingly and develop and submit plans and analysis addressing topics of competition within their respective industries. The order also creates a White House Competition Council, which includes the Secretary of Agriculture (Secretary), to address unfair “concentration, monopolization, and unfair competition” in the U.S. economy. Specifically, according to the text of a […]
Agricultural Law Weekly Review – Week Ending July 2, 2021
Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 🌾
On June 28, 2021, the Supreme Court of the United States denied North American Meat Institute’s (NAMI) petition for certiorari from the refusal to grant an injunction against California’s Proposition 12 on the basis that it violates the U.S. Constitution’s Commerce Clause. North American Meat Institute v. Rob Bonta, Attorney General of California, et al., No. 20-1215. Proposition 12 establishes in-state animal confinement standards for egg-laying hens, veal calves, and breeding sows and prohibits the in-state sale of noncompliant products (included […]
Agricultural Law Weekly Review – Week Ending June 25, 2021
Biofuels: U.S. Supreme Court Allows Non-Continuous Small Refinery Renewable Fuels Standard Blending Obligation Waiver Extensions 🌾
On June 25, 2021, the Supreme Court of the United States issued an opinion holding that a small refinery that previously received a waiver from Renewable Fuel Standard (RFS) blending obligations may still receive an “extension” of the waiver even if it did not acquire a continuous waiver in previous years and allowed a previous exemption to lapse. HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al., No. 20-472. The court found that the term “extension,” which is undefined in […]
Agricultural Law Weekly Review – Week Ending June 18, 2021
Agricultural Labor: U.S. Supreme Court Rejects Tort Suit Against Cocoa Purchasers for Contributing to Child Slavery 🌾
On June 17, 2021, the Supreme Court of the United States issued an opinion reversing and remanding the Ninth Circuit’s decision that the Alien Tort Statute (ATS) allowed six Malian individuals to bring suit in the U.S. against Nestlé USA, Inc., and Cargill, Inc. on allegations that the companies’ cocoa purchases aided and abetted child slavery. Nestlé USA, Inc. v. John Doe I, et al., No. 19-416; John Doe v. Nestlé, S.A., No. 17-55435 (9th Cir.). The plaintiffs alleged that […]
Agricultural Law Weekly Review – Week Ending June 11, 2021
WOTUS: EPA Requests Remand and Announces Intent to Rewrite WOTUS Definition 🌾
On June 9, 2021, the U.S. Environmental Protection Agency (EPA) filed a motion in litigation pending in the U.S. District Court for the District of Massachusetts requesting the remand without vacatur of the agency’s April 2020 Navigable Waters Protection Rule (NWPR) (85 FR 22250), defining “Waters of the United States” (WOTUS) under the Clean Water Act, for the express reason that EPA plans to attempt another re-write of the WOTUS definition. Conservation Law Foundation v. U.S. Environmental Protection Agency, No. 1:20-cv-10820. According to EPA’s accompanying
Agricultural Law Weekly Review – Week Ending June 4, 2021
COVID-19: Congressional letter calls for Emergency Temporary Standard and FY 2022 Budget Outlines Intent for Infectious Disease Rulemaking 🌾
On June 2, 2021, one-hundred and six members of the U.S. House of Representatives sent a letter to President Biden urging the issuance of an OSHA Emergency Temporary Standard (ETS) addressing worker protection from COVID-19 in the workplace. The request cited the March 15, 2021 deadline for such a standard included in January 21, 2021’s Executive Order (E.O. 13999) and the Office of Management and Budget’s (OMB) delay in reviewing the draft ETS sent to the White House on April […]
Agricultural Law Weekly Review – Week Ending May 28, 2021
Pesticides/Herbicides: Federal Court Rejects Bayer’s Proposed Partial Glyphosate Settlement, Bayer to Review Roundup Residential Use 🌾
On May 26, 2021, the U.S. District Court for the Northern District of California issued an order denying approval of Bayer’s $2 billion proposed class settlement to resolve a portion of current and future claims in the multi-district class action litigation, In re: Roundup Products Liability Litigation, No. 3:16-md-02741. The proposed settlement covered claims from two groups of Roundup users: those who have already been diagnosed with Non-Hodgins lymphoma (NHL) but have not filed a claim and those who have not been diagnosed […]
