Agricultural Law Podcast

President Biden issued an executive order directing OSHA to issue guidance and consider COVID-19 emergency temporary standards and a Congressional committee is formally investigating COVID-19 outbreaks in meatpacking plants, including OSHA's response. Also, Bayer filed for court approval of a $2 billion glyphosate claim settlement fund and multiple dicamba registration challenges were consolidated...

President Biden issued an Executive Order to protect public health and the environment, directing agencies to review previous actions .   Also ,  USDA halted CFAP additional assistance payments pending further review  and suspended FSA loan collections and foreclosures .  Then,  the   European Commission initiate d   a  public consultation on  its  Geographic Indicators Scheme  and  California dai...

USDA published a final hemp rule in the Federal Register and  signed a MOU with Health and Human Service ,   granting USDA authority over GE animals .   Meanwhile , EPA g ranted  three  RFS  w aivers, which were  i mmediately stayed by a federal court ,  a nd  issued a proposed interim registration review decision creating new risk mitigation measures for chlorpyrifos.  Also,  Tyson and JBS both s...

The Supreme Court has agreed to hear an appeal of RFS small-refinery exemptions and EPA proposed Clean Water Act Guidance interpreting the "County of Maui" case. Also, Pilgrim's Pride has reached a $75 million agreement settling civil antitrust litigation and the Department of Labor issued a final H-2A rule. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Wr...

Congress passed a much-awaited $900 billion appropriations act for Covid relief and EPA's 5-year dicamba registration approval is being challenged twice in parallel litigation .  Also,   Monsanto/Bayer has signed  a $300 million dicamba class-action settlement agreement  and  a federal district court granted an injunction against the Department of Labor's  H2A minimum wage calculation  rule .  Mea...

Pennsylvania's Milk Marketing Board negotiated a nationwide solution to the preference payment claims demanded by the Dean Foods bankruptcy estate and the U.S. Office of Trade Representative filed its first USMCA enforcement action against Canada.  Also, a federal district court reduced the punitive damages in the Bader Farms dicamba case to $60 Million and FDA approved "GalSafe" pigs for human fo...

American Farm Bureau Federation issued a demand for the Dean Bankruptcy Estate to withdraw all claims against dairy producers for preference payments and EPA released its draft biological evaluation for glyphosate.  Also, Pennsylvania funds a 2020 Farm Bill while the Pennsylvania CARES Act Dairy Indemnity Program paid $7.6 million to dairy farmers and the PA Milk Marketing Board requires milk deal...

The Dean Foods bankruptcy estate sent letters demanding paybacks of preference payments made to dairy producers and the International Dairy Federation published updated dairy terminology guidance.  Also, the Forest Services published a final rule outlining compliance standards for the National Environmental Policy Act (NEPA). Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Atto...

The Fourth Circuit affirmed nuisance liability for a Smithfield subsidiary swine production facility in North Carolina, after which Smithfield announced a settlement of the claims and the Federal Motor Carrier Safety Administration announced an interim final rule defining the term "agricultural commodity" for the purpose of determining drivers' "hours of service."  Meanwhile, farm and environmenta...

The European Commission passed a measure imposing tariffs on U.S. agricultural products and JBS agreed to a settlement in a pending consolidated class action pork price-fixing lawsuit.  Also, soybean and cotton groups are challenging EPA's recently issued dicamba registrations. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Materia...

The Department of Labor published a final rule modifying the minimum wage calculation of H2A workers and a federal district court remanded an FDA decision on bioengineered salmon for additional analysis.  Also, EPA published a final rule on pesticide application exclusion zone requirements and requested a time extension in which to reply to a petition for writ of certiorari seeking Supreme Court r...

EPA approved registrations for Bayers' XtendiMax, BASF's Engenia, and Syngenta's Tavium and Pennsylvania announced the availability of NPDES general permits for the operation of CAFOs.  Also, Maryland and Delaware announced direct payments for poultry growers and the California Supreme Court denied Bayer's appeal in Johnson v. Monsanto. Material from the Agricultural Law Weekly Review—week ending...

Federal district courts vacated a SNAP Rule that reduced benefit access and then authorized a class action price-fixing suit to proceed against several large meatpackers and the Ninth Circuit denied an injunction against California's Proposition 12, which mandates space standards for confined animals. Material from the Agricultural Law Weekly Review—week ending October 23, 2020 Hosted by Audry Tho...

JBS subsidiary Pilgrim's Pride pled guilty to price-fixing broiler chickens while JBS parent company J&F pled guilty to bribery.  Also, a second lawsuit was filed against the DEA over its hemp interim rule and New York expanded its spotted lanternfly quarantine while a spotted lanternfly was detected in Oregon. Material from the Agricultural Law Weekly Review—week ending October 16, 2020 Hosted by...

DOJ indicted six more poultry executives over alleged price fixing while the Supreme Court declined to hear a case challenging Indiana's Right to Farm Act.  Then, a federal court enjoined a Presidential Proclamation halting non-immigrant work visas and USDA Secretary Sonny Perdue was found in violation of the Hatch Act.  Also, the Michigan Supreme Court invalidated the Governor's COVID-19 Executiv...

USDA and FDA signed a Memorandum of Understanding (MOU) to coordinate and collaborate on dairy exports while a continuing appropriations act passed by Congress extends the 2014 Hemp Pilot Program.  Also, a federal district court dismissed an antitrust lawsuit against several large meatpacking companies and the FTC closed the comment period on its proposed rule regarding "Made in USA" labeling.  Ma...

Research Assistant Audry Thompson talks with Brook Duer, Center Staff Attorney, about the details of large-scale solar leases to familiarize landowners with the legal terms and concepts they need to know if they've been approached by a solar development company or are thinking of inquiring about solar development on their property.  Hosted Audry Thompson, Research Assistant—with Brook Duer, Staff...

A lawsuit filed by the Hemp Industries Association challenges DEA's Hemp Interim Final Rule and R-CALF filed a suit against USDA's establishment of qualified state beef councils MOUs under the federal Beef Checkoff Program. Then, FDA proposed a new food traceability rule and EPA issued a draft risk assessment of chlorpyrifos. Material from the Agricultural Law Weekly Review—week ending September 2...

EPA denied sixty-eight Renewable Fuel Standard small refinery exemptions and the World Trade Organization found that U.S. tariffs on Chinese products violate trade rules.  Then, USDA announced a second round of Coronavirus Food Assistance Program direct payments.  Also, OSHA cited Smithfield and JBS for failing to protect workers from COVID-19 and FDA issued its first-ever injunction over produce...

The Chesapeake Bay Foundation and several states filed lawsuits against EPA over Pennsylvania and New York's noncompliance with Chesapeake Bay Agreement nutrient management and USDA issued a final rule on egg products inspection regulations.  Also, the U.S. District Court for the District of Oregon dismissed a motion seeking an injunction against the rule defining Waters of the United States.  Mat...

Research Assistant Audry Thompson talks with Brook Duer, Center Staff Attorney, about large-scale solar leasing and what landowners need to know if they've been approached by a solar development company or are thinking of inquiring about solar development on their property. Hosted Audry Thompson, Research Assistant—with Brook Duer, Staff Attorney Penn State Extension—Large Scale Solar Development...

The USDA reopened the Comment Period for its 2019 Hemp Production Rule and a U.S. District Court dismissed a lawsuit alleging deceptive "Product of the USA" meat labeling.  Also, Monsanto appealed its Roundup verdict to the California Supreme Court and the Sixth Circuit upheld the denial of an injunction for Michigan Emergency Order mandating COVID-19 testing for agricultural workers. Material fro...

USDA published a new rule amending definitions and language for ag subsidy payment eligibility and limitations while FDA and OSHA published a food operation COVID-19 checklist. Also, USDA and the President announced an additional $1 billion added to the Farmers to Families Food Box Program for a third round of distributions. Material from the Agricultural Law Weekly Review—week ending August 28, 2...

A new H-2A rule extends the deadline to file an extension of stay petition, and the Chesapeake Bay Program announced overall pollutant decline in the bay since 2009. Also, a federal district court denied a temporary restraining order against Michigan's mandatory ag worker COVID testing, and the Ninth Circuit denied a rehearing in a case that invalidated EPA registrations for three dicamba products...

A petition for writ of certiorari seeks to challenge Indiana's Right to Farm Act in the Supreme Court and USDA's Food Safety and Inspection Service signed a Cooperative Interstate Shipment Agreement with Vermont. Also, the New York Attorney General filed a lawsuit against Hillandale Farms alleging egg price-gouging and the Sixth Circuit dismissed a WOTUS challenge as moot. Meanwhile, the Coronavir...