Agricultural Law Podcast
310 episodes - English - Latest episode: about 1 month ago - ★★★★★ - 3 ratingsThe Center for Agricultural and Shale Law's presents the Agricultural Law Podcast where our hosts cover a variety of agricultural legal developments.
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Episodes
259. PFAS Soil Contamination Fuels Liability Suit Over Biosolid Land Application
March 21, 2024 11:30 - 8 minutes - 11.8 MBIn 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 case could affect farmers and fertilizer producers across the country. Hosted by Chloe Marie,...
258. Dicamba Registrations Vacated Again
February 19, 2024 18:25 - 15 minutes - 20.8 MBIn 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, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultu...
257. California’s Proposition 12 Finally Fully Effective
February 13, 2024 12:15 - 21 minutes - 29.7 MBIn 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 for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like u...
256. EPA Proposes More Stringent Meat and Poultry Processing Plant Effluent Discharge Standards
January 24, 2024 12:00 - 11 minutes - 16.1 MBIn this week's episode, Brook discusses EPA's recently announced proposed set revisions to the Clean Water Act regulations, 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, effluent limitations on the discharge of phosphorus. Hosted by Chloe Marie, Research Specialist—With ...
255. EPA's Response to Federal Court's Decision on Chlorpyrifos Use
January 19, 2024 13:00 - 11 minutes - 16 MBIn 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 Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written b...
254. Federal Appeals Court Vacates EPA's 2022 Chlorpyrifos Ban and Orders Reconsideration of Food Tolerances / Uses
December 21, 2023 12:30 - 14 minutes - 20.1 MBIn 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, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural...
253. California’s Mandated Carcinogen Warning on Roundup Is Unconstitutional
December 05, 2023 12:30 - 12 minutes - 16.6 MBIn 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 means. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by C...
252. U.S. Treasury’s New “Beneficial Ownership Information” Filing for Business Entity Structures Formed Under State Law
November 28, 2023 12:30In this episode, Brook and Chloe talk about the U.S. Treasury's new "Beneficial Ownership Information Reporting Rule", which goes into effect on January 1, 2024. Brook discusses key language and definitions in the rule, how the it fits into the Corporate Transparency Act of 2021, how it will affect farmers across America, and why people need to pay attention to this new change in reporting requirements. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by ...
251. DOJ Sues Agri-Stats Directly for Collusion in Protein Sector
November 20, 2023 13:15 - 13 minutes - 18.6 MBIn 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 alleges 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 sectors. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie,...
250. Beef and Pork Processing Plant Nationwide Wage-Fixing Class Action Suit Survives Motions to Dismiss
November 14, 2023 12:45 - 10 minutes - 15 MBIn this episode, Chloe and Brook talk about a new private class action lawsuit, Brown v. JBS, et al. The plaintiffs allege 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, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgSha...
249. U.S. Supreme Court Declines to Hear Case Permitting FLSA Overtime Claim of H-2A Worker
November 09, 2023 13:17 - 15 minutes - 21.5 MBIn this episode, Chloe and Brook talk about U.S. Supreme Court's decision to deny a petition to hear the case of Signet 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 workers.” Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by...
248. EPA Reveals Plan to Reform CAFO Regulation under the Clean Water Act
October 17, 2023 12:00 - 11 minutes - 16.2 MBA 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 us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law...
247. Environmental Organizations Sue EPA for Refusal to Expand CAFO Regulation
October 10, 2023 12:30 - 16 minutes - 23.1 MBA 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/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale L...
246. EPA's Revised WOTUS Rule Conforming to Sackett
September 25, 2023 14:38 - 16 minutes - 22.5 MBThe 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 Agricultural and Shale Law This material is based upon work supported by the National Agricultural Libr...
245. USDA Guaranteed Loan Debt Relief for Financially Distressed Borrowers; Maryland Supreme Court Nixes Ammonia Air Emissions Inclusion in CAFO permit
September 19, 2023 14:30 - 23 minutes - 31.9 MBUSDA 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 Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook...
244. EPA Releases Draft Herbicide Strategy for Endangered Species Listings; Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision
September 11, 2023 14:15 - 17 minutes - 23.4 MBEPA 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: Penn State Center for Agricultural and Shale Law This material is based upon work supported b...
243. USDA Will Commence Hearing on Federal Milk Marketing Order Reform; Federal Court Denies Poultry Producers’ Motions to Dismiss, Antitrust Price-Fixing Litigation Will Continue to Trial
August 25, 2023 21:45 - 30 minutes - 41.2 MBUSDA 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 Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Lik...
242. EU Food Safety Authority & Glyphosate; USDA Funds Greenhouse Gas & Carbon Sequestration Measurement; WOTUS Rule Revised As Per Sackett
August 02, 2023 13:10 - 24 minutes - 16.9 MBThe 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 Assistant—With Brook Duer, Staff Attorney—Produced by Josh Narey, Written by Brook Duer Penn Sta...
241. California’s Proposition 12 Ruled Constitutional; Petition for Federal Milk Marketing Order Reform Filed; FDA Approves Gene-Edited Pigs
June 13, 2023 13:57 - 25 minutes - 17 MBThe 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—Produced by Josh Narey, Written by Brook Duer Penn State Center for Agricultural and Shale Law...
240. Louisiana’s Meat Labeling Law Ruled Constitutional; Dispositive Motion filed in 2020 Dicamba Registration Legal Challenge
April 26, 2023 02:40 - 20 minutes - 28.3 MBFifth Circuit Finds Louisiana 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 State Center for Agricultural and Shale Law This material is based upon work supported by t...
239. WOTUS Final Rule Enjoined in 24 States; Perdue Farms Wage-Fixing Litigation Settlement
April 18, 2023 14:48 - 14 minutes - 20.1 MBNorth 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 Agricultural and Shale Law This material is based upon work supported by the National Agri...
238. 'Gruyere' is Generic; 'Product of the USA' Label Proposed Rule
April 11, 2023 16:38 - 20 minutes - 28.8 MBFourth 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 Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supp...
237. Comparability Test for Clean Water Act Citizen Suits; 2022 Chesapeake Bay Report; DEP Watershed Progress Report
April 07, 2023 21:31 - 15 minutes - 21.8 MBSupreme 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 Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw...
236. PA Quarantine Order Following Avian Influenza Outbreak; Injunctions Against WOTUS Final Rule in Texas and Idaho
April 04, 2023 16:29 - 18 minutes - 25.2 MBNew PA Avian Influenza 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: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is b...
235. USMCA Technical Consultations for GMO Corn Ban; Contractors to Administer USDA Discrimination Payments; FACA Farm Bill Recommendations
March 28, 2023 21:48 - 21 minutes - 28.9 MBU.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban; USDA to Issue Contracts to Administer Payments to Borrowers Who Have Experienced Discrimination; Food and Agriculture Climate Alliance (FACA) Published 2023 Farm Bill Recommendations. 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...
234. Draft Guidance on Labeling Plant-Based Milks; Prescriptions Required for Certain Previously OTC Antibiotics for Veterinary Use
March 24, 2023 15:35 - 18 minutes - 25.4 MBFDA Publishes Draft Guidance on Labeling Plant-Based Milks; FDA Will Require Prescriptions for Certain Previously OTC Antibiotics for Veterinary Use Starting June 11, 2023. 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 Agricultural and Shale Law This material is based upon wor...
233. Biden Admin H-2A Regulation; DOJ Statement of Interest in Right-to-Repair; 2022 Food Code
March 17, 2023 14:16 - 19 minutes - 26.7 MBH-2A Regulations clear a troublesome legal hurdle; The Department of Justice opposes John Deere in right-to-repair antitrust litigation; The 2022 Food Code provides restaurants guidance on donating prepared foods. 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 Agricultural and Sh...
233. Biden Admin H-2A Regulation; DOJ Statement of Interest in Right-to-Repair; 2022 Food Code.
March 17, 2023 14:16 - 19 minutes - 26.7 MBH-2A Regulations clear a troublesome legal hurdle; The Department of Justice opposes John Deere in right-to-repair antitrust litigation; The 2022 Food Code provides restaurants guidance on donating prepared foods. 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 Agricultural and Sh...
232. Carbon Credit Assistance and Verification; Cattle Contracts Library; Added Sugar Standards for School Lunch Milk
March 09, 2023 22:01 - 23 minutes - 31.8 MBConsolidated Appropriations Act contains provisions for Carbon Credit assistance & verification; USDA launches Cattle Contracts Library Pilot Program; New Proposed Rule for Child Nutrition Programs contains added sugar standards which impact flavored milk. 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: Pe...
231. FDA needs Congressional Action to Regulate CBD; California's Pest Management Program; Truterra Carbon Programs; NYC Force-Fed Products Ban
March 06, 2023 20:34 - 24 minutes - 33.7 MBFDA tells Congress it cannot regulate CBD under the current framework; California announces Sustainable Pest Management Program; Truterra offers carbon credit programs; New York City opposed by State government in its attempt to ban sale of force-fed products. 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...
230. USMCA Dairy Tariff Rate Quota Dispute; Bayer, Roundup, and Preemption; Conowingo Dam Relicensing Waiver; John Deere, American Farm Bureau, and Right to Repair
February 10, 2023 23:12 - 22 minutes - 31.1 MBThe U.S. and Canada go back to arbitration over the Dairy Tariff Rate Quota Allocation; a federal appeals court rules on preemption in the case alleging failure to warn regarding Roundup and No-Hodgkins Lymphoma; the Conowingo Dam relicensing faces more hurdles; and John Deere signs a Memorandum with American Farm Bureau Federation recognizing the right to repair farm equipment. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn Sta...
229. Pork Price Fixing Settlements; Smithfield Piglet Theft Verdict; and Over-Order Premium Developments
November 10, 2022 01:40 - 17 minutes - 24 MBSmithfield joins JBS in completely settling civil class action antitrust allegations of pork price-fixing; a Utah state court criminal prosecution for theft of two piglets from a Smithfield pork production facility ends in a not guilty verdict; and the Pennsylvania Milk Marketing Board will once again be considering whether to continue its Over-Order Premium for PA dairy farmers. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand ...
228. Farmer Debt Relief and Chesapeake Executive Council Meeting
October 26, 2022 22:43 - 17 minutes - 24 MBCongress’s repeal of Socially Disadvantaged Farmer debt relief provisions in the American Rescue Plan Act leads to a unique breach of contract suit with billions of dollars in play, and Pennsylvania, as well as other states, receive a possible signal that punitive actions may not be taken by EPA in response to missing the 2025 Chesapeake Bay clean-up goals. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center ...
227. Tyson Workers COVID Lawsuit; Plainville Farms Animal Abuse Charges; and USDAs Worker Relief Payments
October 21, 2022 02:02 - 20 minutes - 27.5 MBAn update on a lawsuit by Tyson employees against their employer for inadequate COVID protections; animal cruelty charges are filed based upon undercover video of organic turkey processor employees; and USDA's COVID relief payments of $600 for individual farm and food workers inch closer to a reality. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follo...
226. PA Milk Marketing Board Signals Potential OOP Change and EPA Withdraws Roundup Decision
October 14, 2022 18:16 - 19 minutes - 27.2 MBPennsylvania’s milk marketing board commits to amend a component of the state’s milk pricing system, the sometimes controversial “Over-Order Premium” and the EPA withdraws its latest registration decision on Glyphosate containing herbicides, causing lots of questions for the entire ag industry. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on...
225. Joint Case Management Statement Filed in Roundup Cases; Biotech Executive Order Issued; and Avian Influenza Resurges
October 11, 2022 18:19 - 18 minutes - 25.5 MBA federal court hears proposals for resolving the multidistrict roundup litigation; President Biden issues an Executive Order on biotechnology and biomanufacturing; and the resurgence of avian influenza. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand 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 Agricultural and Shal...
224. USDA's Huge Climate, Domestic Food Purchasing, and Organic Farming Investments
September 27, 2022 00:29 - 17 minutes - 24.4 MBUSDA has announced a total of $3.5 Billion for the new Climate Smart Commodities program; $2 Billion in new funds for Domestic Food Purchasing programs; and $300 Million for the Organic Transition Initiative. We break down what's contained in each program and the significance of these investments. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follo...
223. Bayer's Roundup Victories; Stay of Dicamba Litigation Challenged; and Mistrial Declared in Blue Bell CEOs Trial
September 22, 2022 23:31 - 19 minutes - 26.7 MBBayer wins a fifth consecutive state court roundup products liability trial, the legal challenge to the EPA's 2020 5-year dicamba registration approval may finally move ahead, and the criminal trial of Blue Bell ice cream’s former CEO ends in a mistrial. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebo...
222. Ag Funding in Inflation Reduction Act; Smithfield Settles Antitrust Case; and Dairy Farmers of America Class Action Filed
September 01, 2022 18:44 - 18 minutes - 25.5 MBThe federal government enacts the second part of the Biden Administration’s Inflation Reduction Act, or IRA, with nearly $38 Billion of new money for agricultural programs and rural development; pork processing giant Smithfield Foods settles pork class action claims; and one of the nation’s largest dairy cooperatives, Dairy Farmers of America (DFA), is again facing an antitrust suit from its own members over member milk payment levels. Hosted by Ethan Durand, Research Assistant—With ...
221. DOJ Files Consent Decrees in Poultry Wage Case; Koch Settles Class Action; and USDA Expands MPI
August 11, 2022 21:25 - 18 minutes - 25.1 MBThe DOJ files a complaint and proposed consent decrees in yet more poultry antitrust litigation; a settlement in a private class action case against Koch Poultry; and the USDA announces an expansion of its State MPI Program to Oregon. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Cente...
220. PA Releases HPAI Control Zones; PA Submits Watershed Implementation Plan; and Poultry Industry Wage Suppression Lawsuit Proceeds to Trial
August 01, 2022 19:54 - 18 minutes - 25.4 MBPennsylvania releases all HPAI control zones and is essentially HPAI free, pending the start of bird migration southward in the fall; a class-action alleges a conspiracy to suppress poultry plant worker income; and two very important water quality developments in Pennsylvania that, of course, involve Chesapeake Bay discharges. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and Shale Law ...
219. PA General Assembly Passes Increased Ag and Chesapeake Bay Budget, Federal Court Holds FIFRA Does Not Preempt State Glyphosate Claims
July 27, 2022 12:42 - 18 minutes - 25.5 MBThe Pennsylvania Legislature passes a budget package which features efforts to address the Chesapeake Bay; Bayer loses on an appeal regarding its Roundup liabilities; and the Pennsylvania Milk Marketing Board commits to reconsider its direction for the last 30-plus years by setting 3 days of hearings on potentially making material alterations to its Over-Order Premium. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn S...
218. EPA Releases Latest Bay Progress Modeling & Bader Farms Remanded on Punitive Damages Only
July 22, 2022 00:15 - 22 minutes - 30.5 MBEPA’s Chesapeake Bay Program Model shows a decline in the nutrient and sediment pollution entering the Bay, Bader Farms v. Monsanto Company and BASF is remanded to recalculate punitive damages, the EPA publishes a consent decree regarding pesticide-treated seed, and Sysco Corp files a beef price fixing lawsuit against major meat processors. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural and...
217: Raw Butter, Gaseous Ammonia Emissions, and PA’s Biodiesel Mandate
July 15, 2022 12:49 - 18 minutes - 25.7 MBA federal court affirms the denial of Mark McAfee's request for rulemaking on interstate raw butter sales; Maryland’s highest court will decide if NPDES discharge permits must control gaseous ammonia emissions; Pennsylvania suspends its 2% on-road biodiesel mandate; and, the Pennsylvania milk marketing board was petitioned to consider alternatives to the current Over-Order Premium. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand...
216. SCOTUS Declines to Hear Bayer RoundUp Verdict Appeal
July 06, 2022 13:26 - 22 minutes - 30.3 MBOn June 21, 2022, the U.S. Supreme Court denied a Petition For Certiorari filed by Bayer, the purchaser of Monsanto’s glyphosate-containing RoundUp herbicide product line and the successor to its product liabilities for those products. The Court entered a one-word Order simply stating “Denied.” We examine Hardeman v. Monsanto and the case's potential impact on future Roundup litigation.
215. SCOTUS update: Sackett v. EPA
June 28, 2022 12:34 - 12 minutes - 17.7 MBThis week, on June 14, 2022, the US Supreme Court scheduled oral argument in a case out of Idaho called Sackett v. EPA for October 3, 2022. EPA prevented the Sacketts from completing construction of a residential home at an intended site on the property, claiming the Sacketts' property qualified as “navigable waters,” and fall within the legal definition of “Waters of the United States” as defined and regulated by EPA in the federal Clean Water Act.
214. SCOTUS Update: National Pork Producers Council v. Ross
June 23, 2022 15:29 - 15 minutes - 21.4 MBNational Pork Producers Council v. Ross will decide if California’s Proposition 12 animal confinement regulations are constitutional. The U.S. Supreme Court has scheduled oral argument for October 3, 2022.
213. New HPAI cases nearly zero and Renewable Fuel Standards Volumes set
June 15, 2022 15:01 - 22 minutes - 31.2 MBNew commercial poultry premise detections have decreased nationally, the EPA released renewable fuel volume blending obligations for the refining industry, the USDA announced a $3 billion investment in a "Food Systems Transformation" framework, and right to repair lawsuits against John Deere have been consolidated in the Northern District of Illinois. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center fo...
212. HPAI Confirmed Throughout the U.S. & USMCA Dispute Continues Over Canadian Dairy Tarif-Rate Quotas
May 23, 2022 12:58 - 24 minutes - 20.5 MBHighly Pathogenic Avian Influenza (HPAI) has been confirmed at 13 Pa. and 178 national commercial poultry operations and the United States has twice rejected Canada’s dairy tariff-rate quota proposals. Also, EPA found “no confidence” in Pa.’s Chesapeake Bay Phase III Watershed Implementation Plan and the Supreme Court denied certiorari to Kansas’s appeal of the Tenth Circuit’s ruling that its “ag-gag” is unconstitutional. Hosted by Audry Thompson, Research Assistant—With Brook Duer, St...
211. USDA Confirms HPAI in Pa & PDA Sends Letter to EPA Over Conowingo Plan Funding
May 03, 2022 13:52 - 23 minutes - 19.3 MBUSDA confirmed highly pathogenic avian influenza in commercial layer flocks in Pennsylvania and the White House announced EPA will issue an E15 national emergency waiver in June. Then, the Chesapeake Bay Principals’ Staff Committee and the Pa. Dept. of Environ. Protection sent letters responding to EPA’s evaluation of ‘no confidence’ for funding in the Conowingo Watershed Implementation Plan. Also, OMB is reviewing draft guidance on plant-based dairy alternative labeling and FDA opened the c...