Agricultural Law Podcast

The MI Dept. of Health and Human Services issued an Emergency Order requiring COVID-19 testing for agricultural employees and USDA's Agricultural Marketing Service proposed a new rule to expand and enforce organic regulations.  Also, PA's Dairy Future Commission released its final report with recommendations and the PA Department of Environmental Protection extended its Milk Disposal Guidance unti...

Research Assistant Audry Thompson and Staff Attorney Brook Duer discuss the final Scientific Report of the 2020 Dietary Guidelines Advisory Committee, the history of the Dietary Guidelines, and the upcoming 2020-2025 Dietary Guidelines for Americans.  Hosted by Brook Duer, Staff Attorney—with Audry Thompson, Research Assistant Material from the Agricultural Law Weekly Review—week ending July 17, 2...

OSHA sought to dismiss a mandamus complaint by employees from a Maid-Rite Meat processing plant in Dunmore, PA and Dutch grocer conglomerate Ahold announced new GMO and animal welfare sustainability policies.  Material from the Agricultural Law Weekly Review—week ending July 31, 2020 Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson F...

A CA appellate court affirmed a jury verdict holding Bayer liable for glyphosate-caused cancer but reduced the damages and the Ninth Circuit affirmed EPA's registration approval for the glyphosate-blend, Enlist Duo (2, 4-D) while Bayer, Monsanto, and DuPont are seeking a rehearing of the case that invalidated their EPA dicamba registrations. Also, USDA issued its Beef Pricing Investigation Report...

The PA Milk Marketing Board executed claims on four Dean Foods Bonds. Then, Michigan's Governor signed an Executive Order creating the first mandatory COVID-19 meatpacking workplace safety rules in the nation while only eight states have mandatory agricultural worker protection guidelines. Also, USDA published the Final Report from the Advisory Committee on the 2020 Dietary Guidelines. Material fr...

Plaintiffs in the Monsanto/Bayer Dicamba litigation withdrew their Motion for Class Settlement Approval after the judge expressed doubt about settlement agreement and Vermont's Universal Recycling Law went into full effect, banning food scraps from trash and landfills in Vermont.  Then, USDA added eligible commodities to the Coronavirus Food Assistance Program and the U.S. Treasury, Financial Crim...

The Ninth Circuit denied a motion by BASF and Corteva that sought to preserve their Dicamba product registrations and Colorado enacted a "Cage-Free Egg" law.  Also, the President signed a bill extending the Paycheck Protection Program while USDA announced flexibilities for crop insurance Notice of Loss filing requirements and announced a public comment period on the transition to RFID-only tags fo...

Bayer announced a $10b payout to settle glyphosate & dicamba claims and a federal court in California permanently blocked CA's Prop 65 glyphosate cancer warning label requirement. Then, the Colorado federal district court blocked EPA's "Waters of the United States" rule in the state of Colorado while the National Pork Producers Council and American Farm Bureau are appealing a court ruling that app...

The Ninth Circuit denies a challenge to the EPA rule allowing continued use of existing Dicamba supplies and a federal district court struck down a N.C. ag-gag law as unconstitutional. Meanwhile, PA Governor Tom Wolf announced a Dairy Indemnity Program with $15 million of CARES Act funding a nd an investment firm led by the former Dean Foods CEO emerged as the winning bidder in the Borden Dairy ba...

Staff Attorney Brook Duer Staff Attorney chats with Audry about the recent joint interim guidance from CDC and the U.S. Department of Labor, its interaction with PA Dept of Ag guidance, and implications for producers.  Hosted by Audry Thompson, Research Assistant—with Brook Duer, Staff Attorney Material from the Agricultural Law Weekly Review—week ending June 5, 2020   Documents mentioned: Agricul...

Robert Meinen, Senior Associate with the Penn State Extension— Department of Animal Science, joins Center for Agricultural and Shale Law staff attorney Brook Duer in conversation on the recent Pennsylvania Department of Environmental Protection's Memorandum of Guidelines Emergency Land Application of Excess Milk (issued April 17, 2020, updated May 27, 2020).  Penn State Extension, On-Farm Milk Dis...

EPA cancelled product registrations of dicamba products XtendiMax, Engenia, and FeXapan, and Pilgrim's Pride and Claxton Poultry executives were indicted on price-fixing charges.  Also, USDA expanded area eligibility waivers for school-provided meals nationwide, and the Iowa governor signed a bill creating a new form of trespassing called "Food Operation Trespassing."  Material from the Agricultur...

Dicamba registrations were invalidated by the 9th Circuit, the CDC released Ag Industry COVID-19 guidance, and a MI executive order addresses Ag Industry working conditions.  Meanwhile, the Paycheck Protection Flexibility Act heads to the President.  Material from the Agricultural Law Weekly Review—Week Ending June 5, 2020 Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorne...

USDA & FDA signed a MOU, and USDA creates a loan guarantee program.  Then, the U.S. Patent and Trademark Office issued an examination guide on common cheese and processed meat names, and Oklahoma enacted a meat labeling law.  Material from the Agricultural Law Weekly Review—week ending May 29, 2020 Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Written & Edited by Aud...

USDA announced the Direct Payments Program of CFAP and published a rule revising Genetically Engineered Organism regulations, DOJ issued antitrust clearance to pork producers for hog euthanasia, and three states are suing EPA over PA & NY's Chesapeake Bay TMDL non-compliance.  Also, MD governor Larry Hogan vetoed a bill banning chlorpyrifos and PA governor Tom Wolf requested RFS waivers for the th...

In this episode, we discuss the following topics: the Senate Judiciary Committee examined COVID-19 transmission risks and liability, USDA finalized Animal Welfare Act regulation amendments, and the Farmers to Families Food Box Program granted its first procurement contracts. Hosted by Audry Thompson, Research Assistant with Brook Duer, Staff Attorney Written & Edited by Audry Thompson This materia...

In this episode, we will discuss the following topics: DOJ investigates the Dean Foods asset sale, the Secretary of Ag issues DPA letters to meat producers & governors, and CDC publishes meat & poultry production COVID-19 data.  Then a former JBS employee files a wrongful death suit and a MO federal court dismisses a COVID-19 workers suit against Smithfied Foods.   Hosted by Audry Thompson, Resear...

In this episode, we will be discussing the President's delegation of authority to the USDA, Congress enacting two different Acts, the Treasury and Small Business Administration providing clarification on seasonal and H-2A workers, California's Proposition 12, the Supreme Court deciding a Clean Water Act permitting case, and Pennsylvania permitting temporary land application of excess milk.   Hoste...

In this episode, we will be discussing the USDA's Coronavirus Food Assistance Program, the USDA taking the first steps on the Food Box Distribution Program, the Navigable Waters Protection Rule published in the Federal Register, a temporary change in the H-2A rules, a federal court invalidating the 2018 School Lunch Nutrition Rule, the USDA updating state hemp production plan data, and an appeal i...

In this episode, we will be discussing the detection of avian influenza among turkeys in South Carolina, the Virginia Governor vetoing a milk misbranding bill, and the Tenth Circuit dismissing refiners' request for rehearing.  Hosted by Audry Thompson with Brook Duer Edited by Erin Lieberman This material is based upon work supported by the National Agricultural Library, Agricultural Research Serv...

In this episode, we will be discussing FMCSA extending a waiver, FDA shell egg labeling requirements, and a Kansas ag protection law.  Hosted by Audry Thompson with Brook Duer Edited by Erin Lieberman This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture. Music is " Caazapá (Aire Popular Paraguayo) " by  Edson...

In this episode, we will be discussing the Dean Foods bankruptcy sale, a first amendment challenge to the Beef Checkoff Program, H-2A and H-2B Visa processing, and the U.S. importer declarations list being opened for comment.  Hosted by Audry Thompson with Brook Duer Edited by Erin Lieberman This material is based upon work supported by the National Agricultural Library, Agricultural Research Serv...

In this episode, we will be discussing the Dean Foods bankruptcy sale, a potential chlorpyrifos ban in Maryland, the EPA not appealing the recent renewable fuel standards ruling, entry restrictions in regards to H2A visas, and the PA over-order premium for milk.  Hosted by Audry Thompson with Brook Duer Edited by Erin Lieberman This material is based upon work supported by the National Agricultura...

In this episode, we will be discussing Canada formally approving the USMCA, relaxed hours of service trucking rules for food and other cargo, and suspension of visa services in Mexico. Hosted by Audry Thompson with Brook Duer Edited by Erin Lieberman This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture. Music...

In this episode, we will be discussing an expansion of U.S. Customs, the indefinite reopening of the 2019 Cannabidiol comment period, the EPA getting an extension on an adverse renewable fuel ruling, final rule changes to the Honeybee Loss compensation program, and the PA Department of Agriculture seeking input on a potential Chlorpyrifos ban.  Hosted by Audry Thompson with Brook Duer Edited by Er...