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—April 1, 2024
Air Quality: SEC Publishes ‘Climate-Related Disclosures for Investors’ Final Rule 🌾
On March 28, 2024, the U.S. Securities and Exchange Commission (SEC) published in the Federal Register a final rule (89 FR 21668) that will require U.S.-listed public companies “to provide certain climate-related information in their registration statements and annual reports.” Also announced by SEC, the rule will require companies to provide “information about a registrant’s climate-related risks that have materially impacted, or are reasonably likely to have a material impact on, its business strategy, results of operations, or financial condition.” According to the rule, “an agricultural producer or […]
Agricultural Law Weekly Review—March 25, 2024
Food Labeling: USDA Publishes Final ‘Product of USA’ Rule for Meat, Poultry, and Eggs 🌾
On March 18, 2024, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published in the Federal Register a final rule (89 FR 19470) amending 9 C.F.R. §§ 317, 381, and 412 to “generically approve” the “voluntary ‘Product of USA’ or ‘Made in the USA’ label claim[s] . . . [for] use[] on meat, poultry and egg products only when they are derived from animals born, raised, slaughtered and processed in the United States” (emphasis added). Also announced […]
Agricultural Law Weekly Review—March 18, 2024
Just Published—Brook Duer, EPA Made 2023 Commitment to CAFO Permitting Reform but No Action Evident to Date, Southern Ag Today (March 15, 2024)
Agribusiness: Federal District Court Finds Corporate Transparency Act Unconstitutional, United States Appeals to Eleventh Circuit 🌾
On March 1, 2024, the U.S. District Court for the Northern District of Alabama issued an opinion finding the Corporate Transparency Act (CTA) unconstitutional and an order enjoining the federal government from enforcing the CTA against the National Small Business Association and its members. National Small Business United v. Yellen, No. 5:22-cv-01448. The court determined that the CTA, […]
Agricultural Law Weekly Review—March 11, 2024
Agricultural Labor: Fifth Circuit Remands ‘Independent Contractor’ Rule Challenge to District Court, DOL January 2024 Rule Effective March 11, 2024 🌾
On February 19, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the district court’s decision and remanding a case challenging the U.S. Department of Labor’s (DOL) March 2021 delay (86 FR 12535) and May 2021 withdrawal (86 FR 24303) of the agency’s independent contractor rule, issued on January 7, 2021 (86 FR 1168) shortly before the change of administration. Coalition v. Su, No. 22-40316. The January 2021 […]
Agricultural Law Weekly Review—March 4, 2024
Explore the Center’s New Geographical Indications Virtual Resource Room.
Right to Farm: West Virginia Passes Law Prohibiting Interference with ‘Permissible’ Pesticide Use, Expands Agriculture Protections 🌾
On February 23, 2024, West Virginia Governor Jim Justice approved legislation SB 171, which amends W. Va. Code §7-1-3 to prohibit county commissions from enacting any law “that contravenes or is stricter than any state law . . . relating to agricultural operations” and simultaneously revokes any such law “previously adopted.” The legislation also prohibits a county commission from enacting any rule that interferes with “the permissible use or application, of […]
Agricultural Law Weekly Review—February 26, 2024
Explore the Center’s updated Waters of the United States Virtual Resource Room and Waters of the United States Issue Tracker!
Water Quality: Federal Court Vacates EPA, FWS Actions Allowing Florida to Assume Clean Water Act Wetland Authority 🌾
On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion granting summary judgment to the plaintiff environmental group and vacating the U.S. Fish and Wildlife Service’s (FWS) November 2020 “programmatic” biological opinion (BiOp) and incidental take statement (ITS), which supported the U.S. Environmental Protection Agency’s (EPA) December 2020 approval of Florida’s assumption of Clean […]
Agricultural Law Weekly Review—February 20, 2024
Pesticides/Herbicides: EPA Issues Existing Stocks Order for Three Dicamba Products After Registration Vacatur 🌾
On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an existing stocks order for the dicamba-based herbicides XtendiMax, Enginia, and Tavium following vacatur of the herbicides’ registrations. See ALWR—Feb. 13, 2024, “District Court Issues Order Vacating Three Dicamba Registrations.” The order permits the “limited sale and distribution of dicamba [over-the-top] products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024.” Also announced by EPA, […]
Agricultural Law Weekly Review—February 13, 2024
Dairy Policy: Federal Milk Marketing Order Hearing Ends, Brief Filing Open Until April 1 🌾
On February 2, 2024, the U.S. Department of Agriculture (USDA) received an order “Notification to the Hearing Clerk Pursuant to 7 CFR § 900.10” for the National Federal Milk Marketing Order Pricing Formula Hearing, which began on August 23, 2023 and ended after forty-nine days on January 30, 2024. According to the notice, 511 exhibits were introduced in the hearing. Additionally, USDA’s Agricultural Marketing Service (AMS) will publish forty-nine volumes of the hearing transcript on its website. Proposed transcript corrections may be […]
Agricultural Law Weekly Review—February 5, 2024
Agribusiness: Kubota Enjoined from Labeling Imported Products as ‘Made in USA,’ Will Pay $2 Million 🌾
On January 25, 2024, the U.S. District Court for the Northern District of Texas issued a stipulated order permanently enjoining Kubota North America from claiming that its products are “Made in the United States” (MUSA) when the products do not comply with the “Made in USA Labeling Rule” (16 C.F.R. Part 323). United States v. Kubota North America Corporation, No. 3:24-cv-00159. According to a complaint filed by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), Kubota “incorrectly […]
Agricultural Law Weekly Review—January 29, 2024
Water Quality: EPA Publishes Proposed Rule for Meat and Poultry Point Source Effluent Limitations 🌾
On January 23, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (89 FR 4474) to amend Meat and Poultry Products Effluent Guidelines and Standards. Initially announced by EPA on December 15, 2023, the 2024 Proposed Rule offers three options, the first of which EPA claims as the agency’s preferred option. According to the proposed rule, Option 1 “would include new phosphorus limits and revised nitrogen limits for large direct dischargers and new pretreatment standards on […]
