Agricultural Law Podcast

In today's episode, Brook will discuss the USDA's announced intent to establish the "Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program." Brook summarizes the key features of the proposed program and how the government regulations will fit into the already established carbon credit market.  Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Pr...

In today's episode, Brook discusses the HPAI outbreak that has been detected in dairy cows. He walks us through why USDA hasn't issued any quarantine orders, and how states are responding.  Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , Written by  Brook Duer Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow u...

In today's episode, Brook discusses a new lawsuit filed by a group of Texas farm owners against Synagro Technologies. The farm owners allege that their farms were poisoned by PFAS toxins from a biosolids-based fertilizer that was produced and marketed by Synagro that a neighboring farmer had used on his property. Brook talks about the legal implications that this lawsuit may result in and how this...

In today's episode, Brook explains the District Court for the District of Arizona's decision to vacate the EPA's 2020 pesticide registration authorizing the sale and use of dicamba-based weed killers within the United States. Brook discusses the arguments for and against this outcome, and how this will affect farmers across the country. Hosted by  Chloe Marie, Research Specialist —With  Brook Duer...

In this week's episode, Brook talks about California's Proposition 12 and the relevant regulations that recently became fully effective. These regulations established California's Animal Care Program and require third-party certification for producers.  Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , Written by  Brook Duer Penn State Center...

In this week's episode, Brook discusses EPA's recently announced proposed set  revisions to the Clean Water Act r egulation s, standards and permitting of wastewater discharges into waters of the United States from facilities that process meat and poultry products. The proposed regulations would establish more stringent effluent limitations for the control of nitrogen and, for the first time, effl...

In today's episode, Brook gives us an update to our last episode, which introduced a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Today, Brook explains EPA's December 2023 response to the court's decision, and how that will affect the 2024 agricultural growing season.  Hosted by  Chlo...

In today's episode, Brook and Chloe talk about a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Brook explains the background of the use of EPA's chlorpyrifos rule and how this decision changes the legality of the product. Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, S...

In today's episode, Brook and Chloe talk about a decision coming out of the Ninth Circuit Court of Appeals, holding that California's Proposition 65 carcinogen warning requirement for the herbicide glyphosate, a chemical found in the product Roundup, violated the First Amendment of the U.S. Constitution.  Brook explains how the case made its way to the Ninth Circuit and what the Court's opinion me...

In this episode, Chloe and Brook talk about a new criminal lawsuit filed by the DOJ against Agri Stats, an agricultural data services company ,   U.S. v. Agri Stats     The DOJ  alleg es   that   Agri Stats illegally organized and managed anticompetitive information exchanges among several of the nation's largest protein processing companies, leading to price-fixing within the different protein se...

In this episode, Chloe and Brook talk about a new  private class action lawsuit ,   Brown   v. JBS ,   et   al .     The plaintiffs  alleg e   that   fifteen of the country's largest   protein processing companies engaged in wage-fixing in their nationwide beef and pork processing plants .   Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , W...

In this episode, Chloe and Brook talk about U.S. Supreme Court's decision to deny a petition to hear the case of S ignet Builders Inc. V. Vanegas. The focus of this case is whether a company must pay overtime to H-2A employees who construct on-farm livestock confinement facilities or whether those employees are exempted from Fair Labor Standards Act (FLSA) overtime requirements as "agricultural wo...

A discussion on the EPA's CAFO regulation system, and that EPA announced - without any form of press or public announcement - that it is currently commencing a reform plan of its own design . Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , Written by  Brook Duer Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow...

A new development involving the Clean Water Act , this time highlighting a new lawsuit brought by environmental organizations, who are suing the EPA for their refuls to expand CAFO regulations . Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , Written by  Brook Duer Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Fol...

The latest developments in the on-going WOTUS saga , this time another EPA Final Rule displacing all others .   Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , Written by  Brook Duer Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow us on  Twitter : @AgShaleLaw Like us on  Facebook : Penn State Center for Agric...

USDA rolls-out another phase of farm loan debt-relief authorized by the Inflation Reduction Act.  An unusual Maryland state court ruling on Clean Water Act permitting and ammonia air emissions is reversed by the Maryland Supreme Court.    Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe Marie , Written by  Brook Duer Penn State Center for Agricultur...

EPA Releases Draft Herbicide Strategy for Endangered Species Listings. Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision    Hosted by  Chloe Marie, Research Specialist —With  Brook Duer, Staff Attorney —Produced by  Chloe marie , Written by  Brook Duer Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow us on  Twitter : @AgShaleLaw Like us on  Facebook...

USDA to convene federal milk marketing order amendment hearing with 21 reform proposals on the table. The country's largest poultry antitrust case endures a major shakeup when a federal court simultaneously decides 38 motions, mostly for summary judgment.   Hosted by  Josh Narey, Research Assistant —With  Brook Duer, Staff Attorney —Produced by  Josh Narey , Written by  Brook Duer Penn State Cente...

The European Food Safety Authority determines 'no critical areas of concern' for glyphosate; The USDA announces $300 Million to fund a draft Federal Strategy to improve greenhouse gas measurement and carbon sequestration; The EPA plans to amend its January 2023 final WOTUS rule by September 1, 2023, to implement the U.S. Supreme Court decision in Sackett .    Hosted by  Josh Narey, Research Assist...

The US Supreme Court finds California's Proposition 12 Swine Confinement Standards Constitutional; The largest dairy producer trade group in the country files its long-awaited petition for Federal Milk Marketing Order reform; FDA approves the first gene-edited pigs for entry into the food chain for human consumption.   Hosted by  Josh Narey, Research Assistant —With  Brook Duer, Staff Attorney —Pr...

Fifth Circuit Finds Lou isiana Truth in Labelling Law Constitutional; Center for Biological Diversity Cites 2021 EPA Dicamba Report in Seeking Vacatur.     Hosted by  Al Jones, Research Assistant —With  Brook Duer, Staff Attorney —Produced & Written by  Al Jones Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow us on  Twitter : @AgShaleLaw Like us on  Facebook : Penn...

North Dakota Federal Court enjoins WOTUS Final Rule in 24 States; Perdue Farms Files for Settlement Approval in Wage-Fixing Litigation.     Hosted by Al Jones, Research Assistant —With  Brook Duer, Staff Attorney —Produced & Written by  Al Jones Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow us on  Twitter : @AgShaleLaw Like us on  Facebook : Penn State Center for...

Fourth Circuit Holds 'Gruyere' is a Generic term Ineligible for Trademark Registration; USDA Closes Loopholes in New Proposed Rule on 'Product of the USA' Labeling.   Hosted by  Al Jones, Research Assistant —With  Brook Duer, Staff Attorney —Produced & Written by  Al Jones Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow us on  Twitter : @AgShaleLaw Like us on  Faceb...

Supreme Court to Decide Comparability Test for Citizen Suits Under Clean Water Act; Chesapeake Bay Commission Issues 2022 Annual Report; Pennsylvania Department of Environmental Protection Publishes Phase 3 Watershed Implementation Program 2022 Progress Report Summary.        Hosted by  Al Jones, Research Assistant —With  Brook Duer, Staff Attorney —Produced & Written by  Al Jones Penn State Cente...

New PA Avian Influenz a Outbreak Draws Additional Quarantine Order for Live Bird Production Premises; U.S. District Court Orders Injunctions Against WOTUS Final Rule in Texas and Idaho.   Hosted by  Al Jones, Research Assistant —With  Brook Duer, Staff Attorney —Produced & Written by  Al Jones Penn State Center for Agricultural and Shale Law  https://aglaw.psu.edu/ Follow us on  Twitter : @AgShale...