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 October 2, 2020
International Trade: USDA and FDA Sign MOU to Coordinate, Collaborate on Dairy Exports
On October 1, 2020, the U.S. Department of Agriculture’s (USDA) Foreign Agricultural Service (FAS), Agricultural Marketing Service (AMS), and the U.S. Food and Drug Administration (FDA) announced their establishment of a Memorandum of Understanding (MOU 225-20-017), indicating their intent to cooperate and collaborate regarding the export of milk and milk products from the United States. Under the MOU, FAS will lead communications with foreign governments while AMS will facilitate exports and issue dairy sanitary certificates. Additionally, FDA will verify the regulatory standing of milk producers and […]
Agricultural Law Weekly Review—week ending September 25, 2020
Industrial Hemp: Lawsuit Challenges DEA Hemp Interim Final Rule
On September 18, 2020, the Hemp Industries Association (HIA) and RE Botanicals filed, in the U.S. Court of Appeals for the District of Columbia Circuit, a petition for review (Hemp Industries Association, et al v. DEA, et al, Docket No. 20-01376) challenging the August 21, 2020 interim final rule (85 FR 51639) issued by the U.S. Drug Enforcement Administration (DEA). Additionally, on September 18, 2018, the Hemp Industries Association submitted a comment on the DEA’s interim rule, see Docket: DEA-2020-0023. The primary claim in both Hemp Industries […]
Agricultural Law Weekly Review—week ending September 18, 2020
Biofuels: EPA Denies Sixty-Eight Small Refinery Exemptions to Renewable Fuel Standard 🌾
On September 14, 2020, the U.S. Environmental Protection Agency (EPA) announced its denial of sixty-eight pending small refinery exemption (SRE) petitions requesting relief from Renewable Fuel Standard (RFS) blending compliance for 2011–2018. Following the Tenth Circuit Court of Appeals’ January 24, 2020 ruling in Renewable Fuels Assn. v. EPA, holding that EPA’s grant of economic hardship exemptions, rather than statutory-authorized extensions, exceeded EPA’s legal authority. Refiners filed sixty-eight petitions seeking, in various ways, to backfill their previous history of exemptions with new EPA grants of […]
Agricultural Law Weekly Review—week ending September 11, 2020
Water Quality: Lawsuits filed against EPA over Pa and NY Chesapeake Bay
On September 10, 2020, the Chesapeake Bay Foundation and the states of Maryland, Virginia, Delaware, and the District of Columbia filed separate complaints against the U.S. Environmental Protection Agency (EPA) seeking to invalidate New York and Pennsylvania’s Chesapeake Bay Agreement nutrient reduction plans and compel EPA Secretary Andrew Wheeler to ensure state compliance with the Chesapeake Bay Agreement nutrient reduction goals. (Chesapeake Bay Foundation, Inc. v. Environmental Protection Agency, No. 1:20-cv-02529; State of Maryland v. Wheeler, No. 1:20-cv-02530). Filed in the U.S. District Court […]
Agricultural Law Weekly Review—week ending September 4, 2020
Industrial Hemp: USDA Reopens Comment Period for Hemp Production Rule
On September 4, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced the reopening (85 FR 55363) of the comment period for the October 31, 2019 interim final rule, “Establishment of a Domestic Hemp Production Program” (84 FR 58522). USDA states that it is especially interested in comments from regulated parties operating during the 2020 production season and outlines the following twelve issues on which it particularly seeks comment:
- Measurement of Uncertainty for Sampling
- Liquid Chromatography Factor, 0.877
- Disposal and Remediation of Non-Compliant Plants
- Negligence
- Interstate […]
Agricultural Law Weekly Review—week ending August 28, 2020
COVID-19: FDA and OSHA Publish Food Operation COVID-19 Checklist
On August 19, 2020 the Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) published a checklist titled, “Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic,” intended to serve as a quick guide for domestic and foreign producers, manufacturers, and processors of FDA-regulated human and animal food. The checklist is divided into two categories: 1) employee health and work environment logistics, which includes illustrated examples of acceptable and unacceptable work space configurations, and 2) food safety. According to announcements […]
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 […]
