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—September 25, 2023
Pesticides: Federal Court Approves Settlement in 2011 EPA Pesticide Registration Dispute 🌾
On September 12, 2023, the U.S. District Court for the Northern District of California issued an order approving a stipulated settlement agreement between the U.S. Environmental Protection Agency (EPA) and plaintiff environmental groups, resolving a longstanding dispute over EPA’s registration of 382 pesticide active ingredients. Center for Biological Diversity v. Environmental Protection Agency, No. 3:11-cv-00293. Also announced by EPA, the settlement “resolves all outstanding claims” of the “megasuit,” filed in 2011 and partially settled in 2019, “which was ultimately reduced to 35 […]
Agricultural Law Weekly Review—September 18, 2023
Conservation Programs: Federal Court Vacates USDA Decision Not Listing Eastern Hellbender Under Endangered Species Act 🌾
On September 5, 2023, the U.S. District Court for the Southern District of New York issued an opinion vacating and remanding the U.S. Department of Agriculture (USDA) Fish and Wildlife Service’s (FWS) April 2019 proposed rule, which declared unnecessary the eastern hellbender’s Endangered Species Act (ESA) listing as endangered or threatened. Ctr. Biological Diversity v. U.S. Fish and Wildlife Service, No. 1:21-cv-05706. The court determined that FWS’s “consider[ation] of conservation efforts that have not yet been demonstrated to be effective”—specifically “habitat restoration, […]
Agricultural Law Weekly Review—September 11, 2023
Antitrust: Federal Court Dismisses Monopsony Claims Against Tyson Fresh Meats 🌾
On August 28, 2023, the U.S. District Court for the Eastern District of Washington issued an order granting Tyson Fresh Meats Inc.’s motion to dismiss a lawsuit filed by a former cattle feeder, Cody Allen Easterday. Easterday v. Tyson Fresh Meats Inc., No. 4:23-cv-05019. Easterday alleged that the company created a monopsony market in the Pacific Northwest where cattle feeders “have no reasonable choice but to contract with [Tyson]” in violation of the Packers and Stockyard Act, the Sherman Antitrust Act, and the Washington Consumer Protection Act. The […]
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule 🌾
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of “Waters of the United States” (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits “interstate wetlands” from the “interstate waters” jurisdictional language and “wetlands and streams” from the “additional waters” jurisdictional language; removes the […]
Agricultural Law Weekly Review—August 28, 2023
International Trade: Unites States Requests USMCA Dispute Panel Over Mexican GMO Corn Ban 🌾
On August 17, 2023, the Office of the U.S. Trade Representative (USTR) announced that USTR has requested a three-member dispute settlement panel under the United States-Mexico-Canada Agreement (USMCA) regarding Mexico’s actions to phase out biotech corn in food products and animal feed. Agriculture Secretary Tom Vilsack issued a statement on the USTR action, stating, “Mexico’s approach to biotechnology is not based on science,” which USTR said “undermine[s] the market access it agreed to provide in the USMCA.” Under USMCA dispute resolution […]
Agricultural Law Weekly Review—August 21, 2023
Local Food: PA Department of Agriculture Seeks Comments on Plans for USDA Funding from Resilient Food Systems Infrastructure Program 🌾
On August 15, 2023, the Pennsylvania Department of Agriculture (PDA) released a public request for comment on the agency’s proposed priorities for its cooperative agreement with the U.S. Department of Agriculture’s (USDA) Resilient Food Systems Infrastructure Program, through which PDA anticipates it will receive approximately $26.5 million. PDA issued the following statement: “The Pennsylvania Department of Agriculture is seeking public comments to ensure that the Resilient Food Systems Infrastructure Program best meets the current needs of Pennsylvania’s agricultural supply […]
Agricultural Law Weekly Review—August 14, 2023
Animal Welfare: Massachusetts to Develop Rule, Will Delay Enforcement for Question 3 ‘Transshipped Pork’ 🌾
On August 7, 2023, the U.S. District Court for the District of Massachusetts entered an electronic order granting a joint stipulation and motion to extend stay for six months in a case filed in August 2022 challenging Massachusetts Question 3, which prohibits the in-state sale of pork not compliant with the state’s animal confinement standards. Massachusetts Restaurant Assoc. v. Healey, No. 4:22-cv-11245. According to the joint stipulation, the Massachusetts Department of Agricultural Resources (MDAR) will propose regulations to address “transshipped whole pork meat,” out-of-state […]
Agricultural Law Weekly Review—August 7, 2023
Agricultural Labor: Department of Labor Announces Heat Hazard Alert 🌾
On Thursday, July 27, 2023, the U.S. Department of Labor (DOL) announced that its Occupational Safety and Health Administration (OSHA) issued a heat hazard alert. According to a White House fact sheet, the hazard alert is the first of its kind and was issued at the request of the President in response to the extreme heat affecting most of the United States. The hazard alert describes employers’ obligations to protect their workers from heat-related illnesses and injuries. Additionally, DOL states that “OSHA will intensify its enforcement . . […]
Agricultural Law Weekly Review—July 31, 2023
Dairy Policy: USDA Will Hold Hearing on Federal Milk Marketing Order Pricing 🌾
On July 24, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (88 FR 47396) announcing that, on August 23, 2023, the agency will hold a public hearing to discuss proposals to amend the pricing formula for all eleven Federal Milk Marketing Orders (FMMOs). According to an announcement from AMS, the agency has received 40 proposals, but during the hearing will only consider 21 proposals which “directly impact the uniform pricing formulas.” The proposals aim to […]
Agricultural Law Weekly Review—July 24, 2023
Water Quality: States and EPA Jointly Move to Dismiss Chesapeake Bay Water Pollution Suit 🌾
On July 12, 2023, all parties involved in Chesapeake Bay Foundation v. Environmental Protection Agency filed in the U.S. District Court for the District of Columbia a joint stipulation notifying the court of the parties’ voluntary dismissal, without prejudice, of all claims. Chesapeake Bay Foundation v. EPA, No. 1:20-cv-02529. The case was initially filed in September 2020 by Maryland, Virginia, Delaware, the District of Columbia, and several environmental groups against EPA seeking to compel the agency to enforce Pennsylvania’s Chesapeake Bay nutrient and […]
