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Pennsylvania 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 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 Library, Agricultural Research Service, U.S. Department of Agriculture.   

The 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 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 Library, Agricultural Research Service, U.S. Agricultural Research Service, U.S U.S. Department of Agriculture.

EPA’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 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 Library, Agricultural Research Service, U.S. Agricultural Research Service, U.S. Department of Agriculture. 

A 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 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 Library, Agricultural Research Service, U.S. Department of Agriculture.

On 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.

This 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.

National 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.

New 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 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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, Staff Attorney—Produced & Written by Audry Thompson   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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 comment period for the scientific questions to guide the upcoming 2025 Dietary Guidelines. 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 15, 2022.  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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 March 18, 2022.  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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Week Ending March 11, 2022.  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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 feed.   Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Weeks Ending February 25, 2022 and March 4, 2022.  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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 Weekly Review—Week Ending February 4, 2022 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 January 28, 2022 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 prohibitions on its uses.   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 January 21, 2022 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review—Week Ending January 14, 2022 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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.      Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Audry Thompson Material from the Agricultural Law Weekly Review Weeks Ending December 24 & 31, 2021 and Week Ending January 7, 2022 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.

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 Agricultural Law Weekly Review—week ending November 26, 2021, the Agricultural Law Weekly Review—week ending December 3, 2021, and the Agricultural Law Weekly Review—week ending December 10, 2021 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 Library, Agricultural Research Service, U.S. Department of Agriculture. Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes is licensed under CC BY 3.0.