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 – November 7, 2019
Agricultural Finance: Chapter 12 Farm Bankruptcies Increasing
On October 30, 2019, American Farm Bureau (AFB) released a market intelligence report authored by Chief Economist John Newton showing that Chapter 12 farm bankruptcy filings rose 24% in the 12-month period ending September 2019 as compared to the same period one year earlier. There were a total of 580 Chapter 12 filings, which nevertheless remains lower than the recent high of 676 filings in 2011. Individual state and regional filings varied greatly but nine states recorded totals at or above 10-year highs (Iowa, Kansas, Maryland, Minnesota, Nebraska, New Hampshire, South Dakota, Wisconsin […]
Agricultural Law Weekly Review – October 31, 2019
Industrial Hemp/Cannabis: USDA Releases Interim Final Rule for Domestic Hemp Production
On October 29, 2019, USDA publicly announced and released the text of its interim regulations governing domestic hemp production. The interim final rule implements Section 10113 of the 2018 Farm Bill and various new sections of the Agricultural Marketing Act of 1946, which it amended. Once published in the Federal Register, the rule will be immediately effective and expire after two years. In the meantime, there will be a 60-day comment period and thereafter USDA anticipates issuing its final rule. The rule adds new part 990 (“Domestic Hemp Production”) to 7 CFR. As stated […]
Agricultural Law Weekly Review – October 24, 2019
Agricultural Law Weekly Review – October 17, 2019
Agricultural Law Weekly Review – October 10, 2019
On September 30, 2019, the Internal Revenue Service (IRS) announced a one-year extension for farmers to replace livestock sold in response to severe drought conditions. According to Notice 2006-82, qualifying sales are limited to livestock owned for draft, dairy, or breeding purposes. The livestock must have been sold entirely on account of drought, and the farmer or rancher must have qualified for the four-year replacement period. Farmers in applicable regions may now delay replacing livestock until the end of the tax year following the “first drought-free year” and may also defer capital […]
Agricultural Law Weekly Review – October 3, 2019
On September 26, 2019, the Supreme Court of Pennsylvania reversed the Commonwealth Court’s order, holding that local governments cannot impose stricter nutrient management requirements on small farms than those already imposed upon large agricultural operations under the state Nutrient Management Act (NMA) (Russell Berner, et al., v. Montour Township, et al., No. 39 MAP 2018). The question of whether and to what extent the NMA preempts local regulation of agricultural operations that are not “concentrated agricultural operations” (CAOs) became the central issue of this […]
Agricultural Law Weekly Review – September 26, 2019
On September 20, 2019, the U.S. Department of Labor (DOL) announced the publication of a final rule lifting a requirement that employers seeking H-2A worker certification advertise available job openings in print newspapers (20 CFR 655). In accordance with the Immigration and Nationality Act (INA), employers seeking to hire foreign workers on H-2A nonimmigrant provisions must demonstrate the lack of “able, willing, and qualified” candidates within the United States. This “labor market test” required employers to place at least two separate print advertisements in an area newspaper with one appearing on a Sunday […]
Agricultural Law Weekly Review – September 19, 2019
On September 12, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced the repeal of the 2015 Clean Water Act rule defining “waters of the United States” (WOTUS). According to EPA, the repeal of the 2015 rule is the first step in its two-step approach to redefine WOTUS and clearly distinguish between federally regulated and state-controlled waters. For the second step, EPA proposed a new WOTUS definition in December 2018 (84 FR 4154). The final rule will become active after 60 days once published in the Federal Register. For further […]
Agricultural Law Weekly Review – September 13, 2019
Water Quality: EPA Seeks Comment on Water Quality Trading Policy
On September 5, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced that the agency is seeking comment on guidance issued in the memorandum, Updating the EPA’s Water Quality Trading Policy to Promote Market-Based Mechanisms for Improving Water Quality. Specifically, EPA requests comment on one of the principles outlined in the memo which states that EPA “encourages simplicity and flexibility in implementing baseline concepts.” The memo asks stakeholders to consider the best way to apply the load allocation baseline in order to improve water quality. Under the Clean Water Act, […]
Agricultural Law Weekly Review – September 5, 2019
Antitrust: USDA Announces Investigation into Tyson Foods Following Plant Fire
On August 28, 2019, U.S. Department of Agriculture, Secretary Sonny Perdue announced an investigation into beef pricing margins following a recent fire at the Tyson Foods beef plant in Holcomb, Kansas. Tyson Foods stated in a press release that the company maintains several Kansas plants, which created a $2.4 billion impact on the state in 2018. The investigation will be conducted by the Packers and Stockyards Division (PSD) to determine whether standards for unfair practices were violated. PSD will look for “evidence of price manipulation, collusion, [and] restrictions of competition.” The National Cattlemen’s Beef Association […]
