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—October 11, 2024
Agricultural Labor: Federal Court Partially Enjoins 2023 H-2A Adverse Effect Wage Calculation Rule 🌾
On September 18, 2024, the U.S. District Court for the Western District of Louisiana issued a memorandum opinion partially granting a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A adverse effect wage rate (AEWR) calculations to include data from non-agricultural occupations. Teche Vermilion Sugar Cane Growers Assoc. Inc v. Su, No. 6:23-cv-00831. In their complaint, the plaintiffs “challenge[d] the DOL’s decision to base the AEWR for H-2A workers who haul sugarcane from the field to […]
Agricultural Law Weekly Review—October 3, 2024
Dairy Policy/International Trade: Colombia Imposes 4.86% Tariff on U.S. Milk Powder Imports 🌾
On September 26, 2024, the U.S. Department of Agriculture (USDA) Foreign Agricultural Service (FAS) published a trade policy monitoring report stating that Colombia’s Ministry of Commerce, Industry and Tourism (MINCIT) had “imposed a provisional duty of 4.86 percent on U.S. milk powder imports for up to four months.” Prior to this action, FAS states that “U.S. milk powder exports enter Colombia under the U.S.-Colombia Trade Promotion Agreement through a duty-free tariff rate quota, which increases annually.” According to the FAS report, on July 4, 2024, MINCIT […]
Agricultural Law Weekly Review—September 16, 2024
This Week:
- Right to Repair and Agriculture, Center Director Ross Pifer presents with the National Agricultural Law Center, Online Wed. Sep. 18, 2024
- 2024 Pennsylvania Agricultural Law Symposium, In-person Thurs. Sep. 19, 2024
International Trade: Chile Approves Agreement on U.S. Meat and Cheese Imports, Terminology 🌾
On September 3, 2024, the Office of the U.S. Trade Representative (USTR) announced that the National Congress of Chile had approved an agreement “regarding market access to Chile for a number of U.S. cheese and meat products and how Chile will treat prior users of certain terms for cheeses.” Previously, in June […]
Agricultural Law Weekly Review—September 10, 2024
Deadline Extended! Register by Sept. 12, 2024, noon (ET) for the Pennsylvania Agricultural Law Symposium!
Pesticides: Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement 🌾
On August 15, 2024, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion reversing the lower court’s judgment—which was jointly stipulated by the parties for the purpose of appeal—and holding that the state-law duty to include a cancer warning label on the glyphosate-based herbicide Roundup is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). David Schaffner, Jr. v. Monsanto Corp, No. 22-3075; […]
Agricultural Law Weekly Review—August 21, 2024
This Friday Aug. 23—Understanding the Basics of the H-2A Temporary Agricultural Worker Program
Pesticides: EPA Emergency Order Halts Use of Pesticide Dacthal 🌾
On August 7, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice of Emergency Order (89 FR 64445) immediately suspending the registration and use of all pesticides containing dimethyl tetrachloroterephthalate (DCPA or Dacthal), citing the danger the substance poses to pregnant women and unborn babies. Also announced by EPA, the agency states that it “has determined that continued sale, distribution, or use of DCPA products during the time required to cancel […]
Agricultural Law Weekly Review—August 9, 2024
Environmental Credit Trading: Pennsylvania Passes ‘Carbon Capture and Sequestration Act’ 🌾
On July 17, 2024, Pennsylvania Governor Josh Shapiro signed into law S.B. 831 (Act 87), titled the “Carbon Capture and Sequestration Act.” The law vests “ownership of all pore space in all strata below the surface lands and waters of th[e] Commonwealth . . . in the surface property interest owner above the pore space” and provides that “a conveyance of the surface ownership of real property shall be a conveyance of the pore space.” Additionally, the law directs the Environmental Quality Board to promulgate regulations for carbon […]
Agricultural Law Weekly Review—July 29, 2024
Dairy Policy: USDA Publishes Proposed Rule to Amend Federal Milk Marketing Order Pricing 🌾
On July 15, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (89 FR 57580) “to amend the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs)” (AMS-DA-23-0031). Also announced by AMS, the agency issued the proposal following a hearing on the FMMO pricing formula, held August 2023–January 2024. The proposed rule recommends changes to five categories of milk pricing:
- “Milk Composition Factors: Update the factors to 3.3 percent true protein, 6 […]
Agricultural Law Weekly Review—July 15, 2024
This Week—Register Now!
- Tues. July 16: Overview of U.S. State Milk Pricing Systems, Part 2
- Wed. July 17: “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations 🌾
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the […]
Agricultural Law Weekly Review—July 3, 2024
Environmental Policy: Federal Agencies, USDA Publish 2024 Climate Adaptation Plans 🌾
On June 20, 2024, the White House announced the publication of updated Climate Adaptation and Resilience Plans, developed by twenty-four federal agencies. The agencies’ updated plans for 2024–2027 were developed in coordination with the White House Council on Environmental Quality (CEQ) and the Office of Management and Budget (OMB). In the U.S. Department of Agriculture’s (USDA) 2024–2027 Climate Adaptation Plan, also announced by the agency, USDA identifies numerous threats to agricultural productivity, water quality, lands, and infrastructure and outlines adaptation actions to address climate change […]
Agricultural Law Weekly Review—June 26, 2024
This Friday! June 28, 2024: Understanding the Basics of the Clean Water Act & Agriculture
National Agriculture Policy: Federal Court Enjoins USDA’s ‘Socially Disadvantaged Farmers’ Consideration 🌾
On June 7, 2024, the U.S. District Court for the Northern District of Texas published a memorandum opinion and order enjoining the U.S. Department of Agriculture (USDA) from providing financial relief to farmers “based on its ‘socially disadvantaged farmer or rancher‘ designation” under the 2022 Emergency Relief Program (2022 ERP). Strickland v. USDA, No. 2:24-cv-00060. […]
