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 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 […]
Agricultural Law Weekly Review—week ending June 12, 2020
Pesticides: EPA Cancels Dicamba Product Registrations and That Action is Immediately Challenged in Court
On June 8, 2020, The U.S. Environmental Protection Agency (EPA) issued a “Final Cancellation Order,” effective retroactively to June 3, 2020, of the 2018 product registrations of dicamba herbicides Xtendimax, Engenia, and FeXapan in order to comply with the U.S. Court of Appeals for the Ninth Circuit’s (Ninth Circuit) June 3, 2020, decision invalidating those three registrations as having been granted in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA’s order states that existing stock in the possession of commercial […]
Agricultural Law Weekly Review—week ending June 5, 2020
COVID-19: OSHA and CDC Release COVID-19 Agriculture Industry Guidance
On June 2, 2020, the U.S. Department of Labor (DOL) announced the release of a guidance document titled, “Agriculture Workers and Employers: Interim Guidance from CDC and the U.S. Department of Labor,” issued jointly by DOL’s Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC). This is approximately the thirtieth workplace-specific such guidance issued in the preceding weeks. The guidance advises that employers follow the hierarchy of controls to assess their COVID-19 risks and create a control plan that includes screening […]
Agricultural Law Weekly Review—week ending May 29, 2020
COVID-19: USDA and FDA Execute MOU Anticipating Expansion of Defense Production Act Delegation Beyond Meat and Poultry Processing to Additional Food Supply Chain Resources
On May 18, 2020, the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) entered into an Memorandum of Understanding (MOU), MOU 225-20-011, which outlines how the agencies shall cooperate in the event that USDA exercises the Presidential authority delegated to it in Executive Order 13917 to utilize Defense Production Act powers beyond meat and poultry production and processing. Executive Order 13917 contains language that permits USDA to identify “specific […]
Agricultural Law Weekly Review—week ending May 22, 2020
COVID-19: USDA Announces Details of Direct Payments Portion of Coronavirus Food Assistance Program
On May 19, 2020, U.S. Secretary of Agriculture Sonny Perdue announced the direct payments portion of the Coronavirus Food Assistance Program (RIN 0503-AA65), which will provide $16 billion in direct payments to producers of wool, livestock, dairy, and specialty and non-specialty crops who have experienced a “five-percent-or-greater price decline due to COVID-19.” Payments are limited to $250,000 “per person or entity” with exceptions for corporate entities of up to three shareholders who “contribute[] substantial labor or management” to operations. USDA will accept applications […]
