Agricultural Law Podcast

EPA invalidated all tolerance levels of chlorpyrifos, prohibiting use of the pesticide on food and Bayer filed for U.S. Supreme Court review of the Hardeman Round-Up/glyphosate verdict. Also, a federal court ruled that plant-based company Miyoko's Kitchen may use the term "butter" and USDA announced the Pandemic Market Volatility Assistance Program for dairy producers.   Hosted by Audry Thompson,...

A California state appellate court affirmed Monsanto/Bayer's glyphosate liability verdict in Pilliod v. Monsanto . Then, the Eight Circuit Court of Appeals upheld the Access Provision of Iowa's 2012 ag-gag law and found that the animal advocacy plaintiffs challenging an Arkansas ag-gag law have standing to sue. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced &...

Five U.S. Senators introduced federal legislation to block California's Proposition 12 and a California state court ruled that FIFRA preempts state glyphosate products liability claims. Also, Bayer announced that it will seek a U.S. Supreme Court appeal of the Hardeman verdict and remove glyphosate from consumer products.  Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorne...

Part 2 of a conversation from the Center's July 2021 Dairy Quarterly Legal Update webinar between Ross Pifer, Director of the Center for Agricultural and Shale Law, and Chloe Marie, Research Specialist, on economic and trade issues regarding geographic indications in the U.S. and European Union dairy industries. Geographical indications, known as GIs, are a form of intellectual property that prote...

Part 1 of a conversation from the Center's July 2021 Dairy Quarterly Legal Update webinar between Ross Pifer, Director of the Center for Agricultural and Shale Law, and Chloe Marie, Research Specialist, on international and U.S. laws governing geographical indications in the U.S. and European Union dairy industries. Geographical indications, known as GIs, are a form of intellectual property that p...

The Ninth Circuit Upheld California's Proposition 12 and USDA's Animal and Plant Health Inspection Service confirmed African Swine fever in the Dominican Republic.  Also , the EPA and U.S. Army announced public meetings and public comment docket for their re-write of a new "Waters of the United States"  r ule  a nd USDA announced $67  m illion for  the  Heirs' Property Relending Program.     Hoste...

The County of Maui filed a request asking the Hawaii Federal District Court to follow EPA's January 2021 Waters of the United States guidance, arguing there is no need for the county to obtain a Clean Water Act permit. Then, New York finalized its prohibition on chlorpyrifos and twelve trade groups formed the Protein PACT Initiative. Hosted by Audry Thompson, Research Assistant—With Brook Duer, St...

Join Chloe Marie, research specialist, and Brook Duer, staff attorney, as they recap dicamba regulation and litigation developments from the Center's Dicamba Tracker . The Center's Agricultural Law Issue Trackers document the chronological legislative, regulatory, and case law developments around important legal ag issues.    Stay up to date with research from the Center for Agricultural and Shale...

A district court granted EPA's request to remand the Navigable Waters Protection Rule and the D.C. Circuit Court remanded EPA's 2019 Renewable Fuel Standard Rule. Then, a Hawaii district court ruled that the County of Maui must obtain a Federal Clean Water Act permit for injection well wastewater disposal and turkey price-fixing plaintiffs filed a motion to approve a $1.75 million settlement with...

The White House issued an Executive Order on economic competition and USDA announced actions in response while the Federal Trade Commission issued a new "Made in USA" labeling rule.  Then, Pennsylvania enacted a law limiting civil liability for agritourism activities and a federal court denied a Pennsylvania poultry processor's motion to appeal in Clean Water Act case. Hosted by Audry Thompson, Re...

The Supreme Court denied review of California's Proposition 12 and the D.C. Circuit vacated an EPA rule allowing year-round sales of E-15. Also, the Council on Environmental Quality extended the deadline for agencies to propose National Environmental Policy Act (NEPA) regulations and the Mississippi Supreme Court upheld the use of deer-deterring propane cannons under the state's "Right to Farm" la...

The Supreme Court overturned  a  10th  C ircuit  ruling  to allow non-continuous waiver extensions from renewable fuels standard blending obligation for small refineries  and a  federal court issued a preliminary injunction against the Socially Disadvantaged Farmer Loan Forgiveness P rogram .  Then, the Colorado Supreme Court struck down a proposed ballot initiative that would have prohibited arti...

The U.S. Supreme Court rejected a tort suit from the Ninth Circuit against cocoa purchasers for contributing to child slavery and the Conowingo Dam relicensing was appealed to D.C. Circuit Court of Appeals. Also, Nevada is now the ninth state to enact "cage-free egg" legislation. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Mater...

EPA announced that it intends to rewrite the definition of "Waters of the United States" a nd a federal court issued a temporary restraining order against USDA's loan forgiveness  program  for socially disadvantaged farmers.  Also, USDA announced $1 billion in Emergency Food Assistance Program purchases  and a California state court refused to dismiss a suit requesting that processed meats be list...

The U.S. initiated a formal trade dispute with Canada over dairy  tariff -rate quotas and a federal court rejected Bayer's proposed partial glyphosate settlement. Then,  an   EPA Inspector General report  show s  irregularities in  the  2018 dicamba registration decisions  and   USDA's  swine slaughter maximum line speed  is effective June 30, 2021.  Also, Congress calls for an Emergency Temporary...

A federal court in Missouri approved a $39.5 million  R oundup settlement and awarded a cy  pre s  payment  w hile a  f ederal  c ourt in Wyoming dismissed a suit challenging RFID tags and the Tenth Circuit vacated the small refinery  RFS   e xemptions issued by the prior administration.  Then, a report from EPA's  Inspector General   found decreased EPA enforcement due to lack of funding  a nd a...

The White House is reviewing OSHA's long-delayed Emergency Temporary Standard and the Ninth Circuit directed EPA to either ban chlorpyrifos use entirely or determine a food residue tolerance that will cause no harm.   Then, multiple federal milk marketing order reform proposals were announced ,  and producer groups announced they will file emergency USDA hearing petitions.   Also, we catch up on a...

The Iowa legislature passed its fourth 'ag-gag' law a nd  Maryland appealed a c ourt  ruling  that required  it to regulate ammonia air emissions for Clean Water Act NPDES  p ermits .   Then, a Delaware poultry plant settled   simultaneous  class action and  regulatory enforcement suit s  for $205 million  a nd  the Pennsylvania Commonwealth Court  u pheld a NPDES permit issued to Keystone Protein...

A federal district court vacated the elimination of line speeds from the 2019 Swine Slaughter  Rule and  the Eighth Circuit denied an injunction against Missouri's meat labeling law .   Also,  t he Agriculture Workforce Coalition sent a letter asking the Senate for ag labor reform .    Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson...

USDA announced its new 'Pandemic Assistance for Producers' initiative  a nd Utah passed a Cage-Free Egg  L aw.   Also, a  federal court uph e ld   USDA 's interpretation of the  Organic Foods Production Act to include hydroponic production  and  USDA abandon ed its  previous rulemaking  on Radio Frequency Identification (RFID) tags.    Hosted by Audry Thompson, Research Assistant—With Brook Duer,...

The Federal Energy Regulatory Commission issued Exelon's Conowingo Dam license  in accordance with  Exelon's   settlement agreem ent  with Maryland  and  OSHA  i ssued an  U pdated Interim COVID-19 Enforcement Plan  and National Emphasis Program.   Also, a   Maryland  circuit  court ordered the Maryland Department of the Environment to regulate ammonia air emissions under the state's Clean Water A...

President Biden signed the $1.9 trillion American Rescue Plan Act, which includes $10.4 billion for agriculture ,  and a federal court dismissed a meatpacking plant public nuisance suit.  Also, EPA acknowledged that the 2018 dicamba registrations were hampered by political interference  a nd the  f inal Hemp Rule proceeds as published ,  effective March 22, 2021 . Hosted by Audry Thompson, Researc...

The North American Meat Institute filed for Supreme Review of California's Proposition 12 and the Tenth Circuit dissolved the Colorado district court's injunction against the Navigable Waters Protection Rule. Then, Pennsylvania-based Nicholas Meat briefly stopped production in response to a compliance order issued by Pennsylvania's Department of Environmental Protection and the Pennsylvania Milk M...

A federal court granted preliminary approval of a settlement with Tyson and Pilgrim's Pride in the ongoing broiler chicken civil antitrust litigation and Pilgrim's pled guilty to price-fixing in the ongoing parallel criminal suit.  Meanwhile, EPA formally reversed its position on its Renewable Fuels Standard small refinery exemption eligibility in accordance with the Tenth Circuit's opinion and a...

A lawsuit challenging the new swine inspection system will proceed to trial and Congress has requested that EPA review RFS exemptions issued in January 2021. Also, Pennsylvania opened applications for Hemp Promotion and Education Grants and Specialty Crop Block Grants. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from th...