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 August 21, 2020
Agricultural Labor: H-2A Rule Extends Petition Filing Deadline
On August 20, 2020, the U.S. Department of Homeland Security (DHS) published in the Federal Register a temporary final rule titled, “Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities” (85 FR 51304). The new rule impacts the April 20, 2020 temporary final rule (85 FR 21739) by extending the deadline for employees to file an extension of stay petition until December 17, 2020. Additionally, an employee may begin working for a new employer immediately once the petition is received by the […]
Agricultural Law Weekly Review—week ending August 14, 2020
On July 17, 2020, the Plaintiffs in the case Himsel v. Himsel (Ind. Ct. App. 18A-PL-00645) filed a petition for writ of certiorari in the U.S. Supreme Court (docket No. 20-72) challenging the constitutionality of Indiana’s Right to Farm Act. The Indiana Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the Defendants, dismissing the Plaintiffs’ claim that the “noxious emissions” from a neighboring concentrated animal feeding operation (CAFO) constituted “nuisance, negligence, and trespass” (No. 32D04-1510-PL-000150). The Plaintiffs claim that the act violates the Takings Clause of […]
Agricultural Law Weekly Review—week ending August 7, 2020
COVID-19: Michigan Requires COVID-19 Testing for Agricultural Employees
On August 3, 2020, Michigan Department of Health and Human Services (MDHHS) announced the issuance of an Emergency Order by its director titled, “Mandatory Testing, Preventative Measures, and Safe Housing for Agricultural Workers.” Supported by the governor’s Executive Orders 2020-111 (June 1, 2020), 2020-137 (June 29, 2020), and 2020-161 (July 29, 2020), the Emergency Order requires agricultural employers and housing operators to provide COVID-19 testing for workers and residents. According to the order, housing operators must provide “one-time baseline testing” for all residents ages eighteen and over and […]
Agricultural Law Weekly Review—week ending July 31, 2020
COVID-19: OSHA Seeks to Dismiss Maid-Rite Meat Processing Plant Employees’ Mandamus Complaint, Court Denies Stay
On July 28, 2020, the Occupational Safety and Health Administration (OSHA) and the U.S. Department of Labor (DOL) filed a motion to dismiss and supporting brief in response to a mandamus complaint filed on July 22. 2020, in the United States District Court for the Middle District of Pennsylvania by Maid-Rite Specialty Foods, LLC employees alleging Maid-Rite failed to comply with the Joint CDC/OSHA COVID-19 guidelines for meat processing plants in the operation of its Dunmore, PA, plant and seeking a court order […]
Agricultural Law Weekly Review—week ending July 24, 2020
Pesticides/Herbicides: California Appeals Court Affirms Jury Verdict that Bayer Liable for Glyphosate-Caused Cancer but Reduces Damages
On July 20, 2020, the California First Appellate District Court of Appeal issued an opinion affirming liability but reducing a state trial court’s 2018 jury verdict against Monsanto (purchased by Bayer in June 2018) in Johnson v. Monsanto, No. A155940. The appeals court affirmed the jury’s finding that Monsanto’s product caused Mr. Johnson’s non-Hodgkin’s lymphoma through nearly daily use of Round-Up while employed as a school district grounds manager but reduced the award as excessive, from $289.3 million ($39.3 million in compensatory […]
Agricultural Law Weekly Review—week ending July 17, 2020
Dairy Policy: PA Milk Marketing Board Executes Dean Foods Bond Claims
On July 8, 2020, the Pennsylvania Milk Marketing Board (PMMB) issued multiple consent orders establishing over $9.2 million in claims against the Milk Dealer Corporate Surety Bonds of four Dean Foods subsidiaries for failing to pay dairy farmer cooperative Dairy Farmers of America (DFA) for Pennsylvania-produced milk delivered to Dean Foods facilities during the course of the Dean Foods bankruptcy. Bond claims were filed against Dean Dairy Holdings, LLC ($900,198.79); Garelick Farms, LLC Burlington ($3,262,196.63); Suiza Dairy Group, LLC ($13,420.80); and Tuscan/Lehigh Dairies, Inc.— Lansdale and […]
Agricultural Law Weekly Review—week ending July 10, 2020
Pesticides: Plaintiffs Withdraw Class Settlement after Judge Expresses Doubt
On July 6, 2020, the U.S. District Court for the Northern District of California issued a pretrial order in the case In re: Roundup Products Liability Litigation, expressing doubt about the “propriety and fairness” of Monsanto/Bayer’s proposed $10 billion payment to settle most pending and all future glyphosate suits. The court articulated several specific concerns about the company’s proposed settlement of all future claims through a class action process with a panel of scientists deciding “whether and at what dose Roundup is capable of causing cancer.” The Court questioned the “appropriateness” […]
Agricultural Law Weekly Review—week ending July 3, 2020
COVID-19: Paycheck Protection Program Extended
On June 30 and July 1, 2020, the U.S. Senate and the U.S. House of Representatives respectively passed S.4116, which extends the June 30, 2020 Paycheck Protection Program application deadline to August 8, 2020. The bill awaits the President’s signature.
Crop Insurance: Notice of Loss Filing Requirements Eased
On July 2, 2020, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced several “flexibilities” for producers filing a Notice of Loss on both insured and uninsured crops for prevented planted acres and failed crops. RMA states that a Notice of Loss “can be filed before completing the crop acreage report,” […]
Agricultural Law Weekly Review—week ending June 26 , 2020
Pesticides: Bayer Announces Settlement of Glyphosate Exposure and Dicamba Drift Claims
On June 24, 2020, Bayer announced that it will make a settlement payment of $8.8 billion to $9.6 billion to settle “approximately 75%” of current glyphosate personal injury chemical exposure lawsuits, including the claims contained in the multi-district litigation consolidated for judicial administration in the U.S. District Court for the Northern District of California, as well as a payment of $1.25 billion to settle future claims through a class action process to be established. The settlement does not include the three California bellwether jury verdicts returned so far, […]
Agricultural Law Weekly Review—week ending June 19, 2020
COVID-19: Pennsylvania’s CARES Act Funding Establishes $15 Million PA Dairy Indemnity Program
On June 16, 2020, Pennsylvania Governor Tom Wolf announced the availability of a total of $40 million in federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to be used by the Pennsylvania Department of Agriculture for dairy farmers, food programs, and agricultural producers, as appropriated by the General Assembly in the partial 2020-21 state fiscal year budget. In addition to $15 million to the State Food Purchase Program and $5 million to the Pennsylvania Agricultural Surplus System (PASS) for charitable food system […]
