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Agricultural Law Podcast

312 episodes - English - Latest episode: about 2 months ago - ★★★★★ - 3 ratings

The 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

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 MB

Highly 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 MB

USDA 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 Also, OMB is reviewing draft guidance on plant-based dairy alternative labeling and FDA opened the c...

210. Federal Court Enjoins Iowa’s March 2019 Ag-Gag Law & Tenth Circuit Affirms Dismissal of ‘Product of the USA’ Meat Labeling Lawsuit

March 23, 2022 11:58 - 16 minutes - 14.2 MB

A federal district court enjoined Iowa’s March 2019 “ag-gag” law and the Tenth Circuit Court of Appeals affirmed a district court’s dismissal of a “Product of the USA” meat labeling lawsuit. Also, a new Pennsylvania regulation exempts hayride owners from the engineer verification requirement for ride registration. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Week Ending M...

209. Appropriations Act Provides $1 Million for Cattle Contract Library Pilot Program & FDA Approves Food Use for Genetically Altered Cattle

March 15, 2022 22:35 - 16 minutes - 14.6 MB

Organic Valley sent letters of intent to 80 northeast organic dairy producers and the 2022 Appropriations Act provided $1 million for a Cattle Contract Library pilot program. Then, FDA allowed the food use of genetically altered cattle and New York passed a law allowing hemp producers to apply for conditional marijuana cultivation licenses. Also, highly pathogenic avian influenza continues to spread throughout the United States.   Hosted by Audry Thompson, Research Assistant—With Brook D...

208. Federal Court Denies Prop 12 Preliminary Injunction & EPA Denies All Objections to Chlorpyrifos Rule

March 10, 2022 18:48 - 23 minutes - 20.9 MB

Highly pathogenic avian influenza was found in domestic poultry in twelve states and a California federal court denied a preliminary injunction against Proposition 12. Then, EPA issued an order denying all objections to its final rule revoking all chlorpyrifos tolerances and Hanover Foods entered into a consent order with EPA over multiple wastewater treatment facility violations. Also, several organizations issued a letter to state leaders advocating for federal review of hemp in animal fee...

207. Ag Groups File Suit to Stay Chlorpyrifos Rule & High Path Avian Influenza Confirmed in Commercial Flocks

February 28, 2022 00:59 - 14 minutes - 12.5 MB

Multiple ag groups filed suit to stay EPA’s chlorpyrifos prohibition rule and highly pathogenic avian influenza was confirmed in commercial flocks in Indiana and Kentucky. Also, the state of Maryland, along with several environmental groups, filed suit against Valley Protein.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Week Ending February 11, 2022 Penn State Center...

206. Pa. Mushroom Co-op Not Entitled to Antitrust Protection & USDA Opens Online Complaint Portal

February 16, 2022 22:18 - 18 minutes - 16 MB

A federal court found that a Pennsylvania mushroom cooperative was not entitled to antitrust protection and JBS will pay $52.5 million in a settlement agreement with the direct purchaser plaintiffs in a beef antitrust class action suit. Also, USDA and DOJ announced a new online portal for anticompetitive practice complaint submissions.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law We...

205. California State Court Delays Prop 12 Enforcement & EPA Says Agency Will Conduct Unannounced Inspections

February 09, 2022 00:20 - 14 minutes - 12.6 MB

A California state court delayed enforcement of Proposition 12’s whole pork square footage requirements on retailers and USDA published its Pesticide Data Program 2020 Annual Summary. Also, EPA announced that the agency will conduct unannounced inspections to protect public health in disadvantaged communities.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Week Ending Ja...

204. USDA Publishes Report on Retaliatory Tariff Economic Effects & Enlist/Enlist Duo Registrations Approved with Use Restrictions, Prohibitions

January 28, 2022 22:20 - 17 minutes - 16.1 MB

USDA published a report detailing the effects of retaliatory tariffs on U.S. agriculture exports and the Farm, Ranch, and Rural Communities Federal Advisory Committee published its December 2021 recommendations to EPA. Also, a federal court denied SueBee honey maker’s motion to dismiss a suit alleging that the company’s glyphosate-containing honey was deceptively labeled as ‘Pure’ and EPA approved Enlist and Enlist Duo registrations for an additional seven years with restrictions and prohibi...

203. Supreme Court Stays OSHA Vaccination Rule & Environmental Groups Revive Dicamba Challenge Citing EPA Report

January 20, 2022 22:26 - 16 minutes - 14.2 MB

The U.S. Supreme Court imposed a stay on OSHA’s worker vaccination rule and denied review of the D.C. Circuit Court’s order prohibiting year-round sales of E15. Also, several environmental groups filed a motion to remove a stay on a case challenging EPA’s 2020 dicamba registrations after EPA’s publication of its 2021 dicamba report and Highly Pathogenic Avian Influenza (HPAI) was detected in captive and wild birds in Canada and the United States.    Hosted by Audry Thompson, Research Ass...

202. EPA Publishes 2021 Dicamba Report & States Act on Animal Welfare Laws

January 15, 2022 17:50 - 13 minutes - 12.6 MB

EPA published its 2021 dicamba report, a GAO report revealed errors in the USDA Market Facilitation Program, and a federal court dismissed Round-Up claims under Texas products liability laws. Then, Massachusetts delayed implementation of its animal welfare law while California issued Prop 12 guidance and the USDA and DOJ announced a joint antitrust initiative. Also, a USMCA dispute panel found Canada’s tariff-rate quota set-aside for dairy processors a violation of the agreement.      Ho...

201. White House Links Meat Processor Profits to Rising Food Prices & EPA Announces Renewable Fuel Volume Requirements

January 07, 2022 23:19 - 19 minutes - 17.6 MB

The White House issued a statement linking meat processors’ profits to rising food prices and EPA announced new Renewable Fuel Standard volume requirements.  Also, a California jury found that Bayer’s Roundup did not cause cancer, the Department of Labor revised H-2A minimum wage calculations, and Kansas filed for Supreme Court review of its ‘ag-gag’ law. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the A...

200. OSHA Vaccination Mandate Immediately Stayed by Federal Court & EPA and Army Published “Waters of the United States” Proposed Rule

November 24, 2021 13:21 - 17 minutes - 15.4 MB

OSHA issued a vaccination mandate which was immediately stayed by a federal court and the EPA and Army published a proposed rule defining “waters of the United States.”  Then, EPA levied the first federal fines for dicamba violations and plaintiffs in the broiler chicken antitrust case filed a motion opposing the defendants’ judgment sharing agreement.  Also, participants in the Glasgow Climate Change Summit signed the Food and Climate Declaration.    Hosted by Audry Thompson, Research A...

Special Episode #15. Pa. Milk Marketing Board—Part 3: Bonds, Dean Bankruptcy, & Bulk Tank Calibration

November 15, 2021 11:10 - 10 minutes - 8.88 MB

Join Brook Duer, CASL staff attorney and former Pennsylvania Department of Agriculture Chief Counsel, with host Audry Thompson in a discussion of the 2020-2021 fiscal year in review of the Pennsylvania Milk Marketing Board. The Center for Agricultural and Shale Law'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 Shal...

Special Episode #14. Pa. Milk Marketing Board—Part 2: Pricing, Payments, & Contracts

November 15, 2021 11:05 - 12 minutes - 10.5 MB

Join Brook Duer, CASL staff attorney and former Pennsylvania Department of Agriculture Chief Counsel, with host Audry Thompson in a discussion of the 2020-2021 fiscal year in review of the Pennsylvania Milk Marketing Board. The Center for Agricultural and Shale Law'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 Shal...

Special Episode #13. Pa. Milk Marketing Board—Part 1: Who Is the Board & What Do They Do?

November 15, 2021 11:00 - 10 minutes - 8.87 MB

Join Brook Duer, CASL staff attorney and former Pennsylvania Department of Agriculture Chief Counsel, with host Audry Thompson in a discussion of the 2020-2021 fiscal year in review of the Pennsylvania Milk Marketing Board. The Center for Agricultural and Shale Law'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 Shal...

199. Investors Adequately Alleged Securities Claims Against Bayer’s Monsanto Purchase & Industry Groups Appeal WOTUS Vacatur

November 05, 2021 16:41 - 14 minutes - 12.7 MB

A federal court found that investors adequately alleged securities claims against Bayer's Monsanto purchase and CBD retailer Friends NYC sued PayPal for suspending its account. Also, the Ninth Circuit upheld a lower court’s dismissal of bottled water mislabeling claims against Nestlé and industry groups appealed the Arizona district court’s August 2021 WOTUS vacatur.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Mate...

198. Court Declines to Dismiss Suit to Compel USDA Animal Welfare Regulation & Producer Groups Challenge Chlorpyrifos Revocation

November 02, 2021 13:34 - 17 minutes - 16.2 MB

A federal court declined to dismiss a suit seeking to compel USDA to regulate animal handling in poultry processing plants and the Humane Society filed suit against Smithfield Foods claiming that the company’s use of gestation crates is misleading. Also, several producer groups filed an EPA petition challenging the agency’s chlorpyrifos tolerance revocation and the New York Public Employment Relations Board certified state’s first agricultural worker union.   Hosted by Audry Thompson, Re...

Special Episode #12. Cell Cultured Food Regulations

November 01, 2021 12:39 - 10 minutes - 9.37 MB

Join Chloe Marie, research specialist, with host Audry Thompson in a discussion of laws governing Cell-Cultured Food Regulations from the Center's Agricultural Law Issue Trackers.  The Center for Agricultural and Shale Law'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 Law's topical ag issue resources!   Ag...

197. Biofuel Group Seeks Supreme Court Review of E15 Vacatur & R-CALF Has Standing to Continue Beef Checkoff Challenge

October 18, 2021 17:54 - 19 minutes - 18.4 MB

A biofuel advocacy group filed a petition seeking Supreme Court review of the D.C. Circuit’s E15 vacatur and the D.C. Federal District Court ruled that R-CALF sufficiently pled standing in a Federal Beef Checkoff Program challenge. Also, the New Mexico Federal District Court denied dismissal of ‘Product of the U.S.’ beef mislabeling claims and USDA announced new ‘micro farm’ whole-farm revenue protection for locally-selling producers. Hosted by Audry Thompson, Research Assistant—With Broo...

196. Supreme Court Petition Challenges California’s Proposition 12 & New Mexico District Court Vacates Navigable Waters Protection Rule

October 05, 2021 12:32 - 16 minutes - 15.1 MB

The National Pork Producers Council and American Farm Bureau Federation filed a petition asking the U.S. Supreme Court to hear a commerce clause challenge to California’s Proposition 12 and the New Mexico district court vacated the Navigable Waters Protection Rule. Also, a Texas district court dismissed a COVID-19 negligence suit filed against Tyson Foods and a complaint filed against Pennsylvania-based Hanover Foods alleges that the company violated the Clean Water Act. Hosted by Audry T...

Special Episode #11. Bioengineered Food & Genetically Modified Salmon

October 01, 2021 13:52 - 13 minutes - 11.7 MB

Join Chloe Marie, research specialist, with host Audry Thompson in a discussion of laws governing Bioengineered Food Disclosure and Genetically Modified Salmon from the Center's Agricultural Law Issue Trackers.  The Center for Agricultural and Shale Law'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 Law's topic...

195. Federal Court Denies Dismissal of Beef Antitrust Litigation & EPA Rescinds WOTUS Maui Guidance

September 27, 2021 14:27 - 19 minutes - 18.1 MB

A Minnesota federal court denied all motions to dismiss filed by beef packers in consolidated civil antitrust litigation and EPA rescinded its prior guidance document on the “Waters of the United States” Maui case. Then, a U.S. Supreme Court petition seeks review of the 2006 Rapanos Clean Water Act analysis and USDA announced a transport suspension and African swine fever protection zone in Puerto Rico and the U.S. Virgin Islands.   Hosted by Audry Thompson, Research Assistant—With Brook...

Special Episode #10. Glyphosate Litigation

September 24, 2021 13:25 - 14 minutes - 12.5 MB

Join Chloe Marie, research specialist, with host Audry Thompson in a recap of glyphosate litigation developments from the Center's Glyphosate Issue 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 Law's topical ag issue resources!   Agricultural Law Issue Trackers:  Agricultural Antitrus...

194. White House Addresses Meat Industry Consolidation & USDA Announces $1.4 Billion in Grants for Food Workers and Small Businesses

September 14, 2021 13:36 - 14 minutes - 13.8 MB

The White House announced its intent to address the effects meat processing industry consolidation on consumers, farmers and ranchers. Then, USDA announced $700 million for the COVID-19 Farmworker and Food Worker Relief Grant Program and $650 million in Pandemic Response and Safety Grants for small business producers. Also, the Pennsylvania Milk Marketing Board issued a bulletin enforcing minimum prices for USDA milk purchases.   Hosted by Audry Thompson, Research Assistant—With Brook Du...

193. Federal Court Vacates 2020 WOTUS Rule & D.C. Appeals Court Rules Animal Rights Groups May Challenge Hormel’s “Natural Choice” Advertising

September 07, 2021 17:17 - 13 minutes - 11.6 MB

The Arizona federal district court vacated the 2020 Navigable Waters Protection Rule and the Massachusetts federal district court remanded the rule, citing the Arizona court ruling.  Also, the D.C. Court of Appeals ruled the Animal Legal Defense Fund has standing to sue Hormel for misleading “Natural Choice” advertising and Plainville Farms issued a statement detailing its actions in response to a PETA video.    Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney...

192. Tenth Circuit Holds Kansas Ag-Gag Law Unconstitutional & USDA Announces SARS-CoV-2 Animal Surveillance Framework

September 02, 2021 17:53 - 17 minutes - 15.5 MB

The Tenth Circuit upheld an injunction of Kansas’s ag-gag law, finding provisions of the law unconstitutional, and USDA announced the Dairy Donation Program, $300 million for SARS-CoV-2 zoonotic disease surveillance, and CFAP 2 revenue adjustments for contract producers. Then, the Pennsylvania Milk Marketing Board entered into a consent order with Upstate Niagara Cooperative and Danone terminated contracts with northeast organic dairy producers. Hosted by Audry Thompson, Research Assistan...

191. EPA Prohibits Chlorpyrifos on Food & Federal Court Rules Vegan “Butter” Not Misleading

August 25, 2021 18:16 - 17 minutes - 16 MB

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, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson   ...

190. California State Court Affirms Bayer’s Glyphosate Liability & Eight Circuit Partly Upholds Iowa’s 2012 Ag-Gag Law

August 16, 2021 16:11 - 13 minutes - 12.4 MB

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 & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Week Ending Aug...

189. U.S. Senators Introduce Bill to Stop California’s Prop 12 & California State Court Rules FIFRA Preempts Glyphosate State Claims

August 16, 2021 02:43 - 13 minutes - 12.1 MB

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 Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—We...

Special Episode #9. Geographic Indications in International Dairy Trade—Part 2: Economics & Trade

August 13, 2021 13:00 - 13 minutes - 12.3 MB

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 protects some products with specific attributes due to their origin from a particular country, r...

Special Episode #8. Geographic Indications in International Dairy Trade—Part 1: Legal Framework

August 06, 2021 16:58 - 14 minutes - 11.9 MB

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 protects some products with specific attributes due to their origin from a particular countr...

188. Ninth Circuit Upholds California’s Proposition 12 & USDA Confirms African Swine Fever in Dominican Republic

August 04, 2021 20:08 - 19 minutes - 17 MB

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” rule and USDA announced $67 million for the Heirs’ Property Relending Program.    Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Tho...

187. County of Maui Asks Court to Follow EPA WOTUS Guidance & New York Finalizes Chlorpyrifos Prohibition

July 28, 2021 13:48 - 15 minutes - 13.8 MB

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, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekl...

Special Episode #7. Dicamba

July 20, 2021 17:31 - 26 minutes - 22 MB

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 Law's topical ag issue resources!   Agricultural Law Issue Trackers:  Agricultural...

186. Federal Courts Remand Navigable Waters Protection Rule and 2019 Renewable Fuel Standard Rule to EPA

July 19, 2021 18:28 - 22 minutes - 20.2 MB

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 Tyson. Also, USDA announced the Pandemic Livestock Indemnity Program and seeks comment on how ...

185. USDA Responds to White House Economic Competition Executive Order & FTC Issues “Made in USA” Rule

July 15, 2021 19:40 - 28 minutes - 23.9 MB

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, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Mate...

184. U.S. Supreme Court Denies Prop 12 Review & Federal Court Vacates Year-Round E15 Sales

July 06, 2021 21:55 - 18 minutes - 16 MB

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” law.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced &...

183. Supreme Court Allows Non-Continuous RFS Small Refinery Waiver Extensions & Socially Disadvantaged Farmer Loan Forgiveness Program Enjoined

June 30, 2021 22:28 - 22 minutes - 20 MB

The Supreme Court overturned a 10th Circuit 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 Program. Then, the Colorado Supreme Court struck down a proposed ballot initiative that would have prohibited artificial insemination and the Iowa Supreme Court rejected the public trust doctrine theory to impose nitrogen...

182. U.S. Supreme Court Rejects Child Slavery Suit Against Cocoa Purchasers & Nevada Enacts “Cage-Free Egg” Legislation

June 22, 2021 20:27 - 16 minutes - 14.2 MB

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 Material from the Agricultural Law Weekly Review—Week Ending June 18, 2021   Penn State Cent...

181. EPA Announces “Waters of the United States” Rewrite & USDA’s Socially Disadvantaged Farmer Loan Forgiveness Temporarily Restrained

June 16, 2021 22:39 - 18 minutes - 15.8 MB

EPA announced that it intends to rewrite the definition of “Waters of the United States” and 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 listed as carcinogenic.  Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—P...

180. U.S. Initiates Formal Dairy Tariff-Rate Trade Dispute with Canada & Court Rejects Bayer’s Proposed Glyphosate Settlement

June 11, 2021 23:46 - 24 minutes - 20.9 MB

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 shows 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 Standard, grape & honey producers file new dicamba property damage suits, and USDA announces insurance premium...

179. Court Approves $39.5 Million Roundup Settlement with Cy Pres Payment & Tenth Circuit Vacates Prior Administration’s Small Refinery RFS Exemptions

May 26, 2021 21:15 - 11 minutes - 11.3 MB

A federal court in Missouri approved a $39.5 million Roundup settlement and awarded a cy pres payment while a federal court in Wyoming dismissed a suit challenging RFID tags and the Tenth Circuit vacated the small refinery RFS exemptions issued by the prior administration.  Then, a report from EPA’s Inspector General found decreased EPA enforcement due to lack of funding and a Michigan dairy farm was penalized for NPDS violations. Also, Mexico extended the compliance deadline for U.S. produc...

178. The White House Reviews OSHA’s Emergency Temporary Standard & Ninth Circuit Directs EPA to Take Action Towards Chlorpyrifos Ban

May 10, 2021 18:42 - 26 minutes - 17.8 MB

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 “lightning round” of several developments from recent weeks.   Hosted by Audry Thompson, Research...

177. Iowa Passes Fourth Ag-Gag Law & DE Poultry Plant Settles Class Action and State Enforcement Suits

April 24, 2021 19:34 - 20 minutes - 17.4 MB

The Iowa legislature passed its fourth 'ag-gag' law and Maryland appealed a court ruling that required it to regulate ammonia air emissions for Clean Water Act NPDES permits.  Then, a Delaware poultry plant settled simultaneous class action and regulatory enforcement suits for $205 million and the Pennsylvania Commonwealth Court upheld a NPDES permit issued to Keystone Protein.  Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompso...

176. Swine Slaughter Line Speed Rule Vacated & Eight Circuit Denies Injunction for Missouri Meat Labeling Law

April 06, 2021 15:58 - 17 minutes - 14.4 MB

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, the 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 Material from the Agricultural Law Weekly Review—week ending April 2, 2021 Penn State Center for...

175. USDA Announces 'Pandemic Assistance for Producers' & Court Upholds Hydroponic Production Under Organic Foods Statute

March 30, 2021 12:35 - 17 minutes - 15.3 MB

USDA announced its new ‘Pandemic Assistance for Producers’ initiative and Utah passed a Cage-Free Egg Law.  Also, a federal court upheld USDA’s interpretation of the Organic Foods Production Act to include hydroponic production and USDA abandoned its previous rulemaking on Radio Frequency Identification (RFID) tags.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—week end...

174. FERC Issues Exelon’s Conowingo Dam License & Md. Court Orders MDE to Regulate Ammonia Air Emissions

March 23, 2021 15:25 - 16 minutes - 14 MB

The Federal Energy Regulatory Commission issued Exelon’s Conowingo Dam license in accordance with Exelon’s settlement agreement with Maryland and OSHA issued an Updated 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 Act expansion.  Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by...

173. EPA Acknowledges Political Interference in 2018 Dicamba Registrations & Final Hemp Rule Proceeds as Published, Effective March 22, 2021

March 18, 2021 13:15 - 19 minutes - 16.4 MB

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 and the final Hemp Rule proceeds as published, effective March 22, 2021. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the A...

172. NAMI Files for Supreme Court Review of California's Prop. 12 & Tenth Circuit Dissolves WOTUS Rule Injunction

March 10, 2021 16:41 - 15 minutes - 14 MB

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 Marketing Board released its final regulation on cooperative over-order premium disclosures. Ho...

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