Written by:
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
The Agricultural Law Weekly Review provides an
update of recent agricultural law developments from the local, state, national,
and international levels. Subscribe to the ALWR at pennstateaglaw.com.
Pesticides/Herbicides:
Missouri Federal Jury Returns $265 Million Verdict in Dicamba Drift Trial
On February 14 and 15,
2020, a jury empaneled in the case of Bader Farms, Inc. v. Monsanto Company and BASF Corporation, (Case No. 1:16-cv-00299-SNL) in the U.S. District Court for the Eastern
District of Missouri returned verdicts in favor of Plaintiffs and against
Defendants, awarding $15 million in compensatory damages and $250 million in
punitive damages. The case appears to be the first U.S. jury trial and
verdict in a cause of action for property damage to a neighboring landowner
caused by drift of the herbicide dicamba.
Both Defendants Bayer (current owner, manufacturer and marketer of the
Monsanto-developed dicamba-based herbicide ExtendiMax) and BASF (manufacturer
of the dicamba-based herbicide Engenia), have made post-verdict statements denying all legal liability and affirming their intent to appeal
the trial result and continue to manufacture and market their dicamba-based
products.
Dairy Policy: Dean Foods
Discloses Proposed Agreement of Sale with Dairy Farmers of America
On February 17, 2020, Chapter 11
Bankruptcy Debtor-in-Possession Dean Foods announced
it has reached an agreement with the dairy producer cooperative Dairy Farmers
of America (DFA) to purchase forty-four of the dairy processor’s dairy
processing plants across the nation, as well as certain other assets. The
proposed DFA sale does not include all Dean Foods’ processing plants and
assets. The agreement of sale was attached to a notice, and the proposed procedures were attached to a motion, filed by Dean Foods in the bankruptcy action. Dean Foods seeks approval of a
court-supervised auction process whereby other parties can also submit higher
bids than DFA on the same set of bankruptcy estate assets. The first step
will be a March 12, 2020, hearing to approve the process and timetable for
completing the sale by April 27, 2020.
In addition, any sale to DFA would need antitrust clearance from the
United States Department of Justice. For more on the Dean Foods
bankruptcy, see the November 14, 2019, Agricultural Law Weekly Review entry
titled, “Dean Foods Files Chapter 11 Bankruptcy
Petition and Discloses Sale Negotiations to Dairy Farmers of America.”
Water Quality: Ohio
Releases Report Disclosing Intent to Develop TMDL for Western Lake Erie
On February 13, 2020,
the Ohio Environmental Protection Agency (OEPA) announced the release of a draft 2020 report required by the Clean Water Act listing impaired waters within the state
requiring Total Maximum Daily Load (TMDL) development. For the first time, Ohio has stated its
intent to develop a TMDL for Western Lake Erie due to algal blooms. Ohio’s failure to
previously do so is the subject of a lawsuit pending in federal court in which
both OEPA and the U.S. Environmental Protection Agency (EPA) have denied the
necessity and legal requirement to develop such a TMDL. For more on this
issue, see the November 21, 2019, Agricultural Law Weekly Review entry titled “Water Quality: Federal Judge Allows Lawsuit
Seeking EPA Action on Lake Erie TMDL.”
Water Quality: New
Interim Rule on Regional Conservation Partnership Program
On February 13, 2020,
USDA’s Natural Resources Conservation Service (NRCS) and the Commodity Credit
Corporation (CCC) published notice in the Federal Register of an
immediately-effective Interim Rule, and accompanying public comment period ending April 13, 2020,
which will bring regulations for the Regional Conservation Partnership Program
(RCPP) into conformity with changes to the program made in the 2018 Farm
Bill. Notable was an increase in funding to $300 million annually and
many simplifications of the program from its initial form authorized in the
2014 Farm Bill. RCPP provides a mechanism
for funding conservation coordination between NRCS and state, local and
non-governmental partners to help producers and landowners increase the
restoration and sustainable use of soil, water, and wildlife on a regional or
watershed scale.
From National Ag Law
Authorities & Sources:
Paul Goeringer, 2018 Farm Bill decision between ARC and PLC
may not always be clear for Maryland producers (February 6, 2020).
Penn State Research
& News:
Francisco Tutella, Forest soils release more carbon dioxide than
expected in rainy season (Feb. 12, 2020).
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania
Department of Agriculture Press Releases:
Ag Secretary Reminds Dog Owners of Licensing
Responsibilities During ‘Love Your Dog Month’ (Feb. 12, 2020).
U.S.
Department of Agriculture Press Releases:
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
Environmental Quality
Board
50 Pa.B. 1011 “Administration of the Land Recycling Program
[ 25 PA. CODE CH. 250 ]” Proposed Rulemaking (Feb. 15, 2020).
Pennsylvania
Legislature
The House will reconvene
on Monday, March 16, 2020 at 1:00PM
The Senate will
reconvene on Monday, March 16, 2020 at 1:00PM unless sooner recalled by the
Pres. Pro Temp.
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agricultural Department
85 FR 7917 “Submission for OMB Review; Comment Request [National
Agricultural Statistics Service (NASS): Field Crops Objective Yield—Substantive
Change]” Notice—Comments Requested (Feb. 12, 2020)
85 FR 8245 “Submission for OMB Review; Comment Request [Agricultural
Marketing Service: Application for Plant Variety Protection Certificate and
Objective Description of Variety—Asexually Reproduced Varieties]” Notice—Comments
Requested (Feb. 13, 2020).
85 FR 8537 “Submission for OMB Review; Comment Request [Forest Service:
Special Use Administration]” Notice—Comments Requested (Feb. 14,
2020).
85 FR 8538 “Submission for OMB Review; Comment Request [Rural Utilities
Service: 7 CFR 1783, Revolving Fund Program]” Notice—Comments Requested
(Feb. 14, 2020).
85 FR 8805 “Submission for OMB Review; Comment Request [Food Safety and
Inspection Service: Specified Risk Materials]” Notice—Comments Requested
(Feb. 18, 2020).
85 FR 8805 “Submission for OMB Review; Comment Request [National
Agricultural Statistics Service: Poultry Litter Nutrient Distribution Producer
Survey]” Notice—Comments Requested (Feb. 18, 2020).
Agricultural Marketing
Service
85 FR 8536 “Grain Fees for Official Inspection and Weighing Services Under
the United States Grain Standards Act (USGSA)” Notice (Feb. 14,
2020).
Agricultural Research
Service
85 FR 8537 “Notices of Prospective Exclusive, Co-Exclusive or Partially
Exclusive Domestic or Foreign Licenses of Government-Owned Inventions” Notice
(Feb. 14, 2020).
Animal and Plant Health
Inspection Service
85 FR 8542 “Notice of Request for Revision to and Extension of Approval of
an Information Collection; Plum Pox Compensation” Notice—Comment Period
(Feb. 14, 2020).
Commodity Credit
Corporation
Federal Emergency
Management Agency
85 FR 7902 “Revisions to Publication Requirements for Community Eligibility
Status Information Under the National Flood Insurance Program” Proposed
Rule—Comment Period (Feb. 12, 2020).
Food and Drug
Administration
85 FR 8599 “Mitigation Strategies To Protect Food Against Intentional
Adulteration; Draft Guidance for Industry; Availability” Notice—Comment
Period (Feb. 14, 2020).
Food and Nutrition
Service.
85 FR 7853 “Delayed Implementation of Grains Ounce Equivalents in the Child
and Adult Care Food Program” Rule (Feb. 12, 2020).
Foreign Agricultural
Service
85 FR 8806 “Notice of a Request for Revision of a Currently Approved
Information Collection [issuance of certificates of quota eligibility (CQEs) to
enter sugar and sugar-containing products under tariff-rate quotas (TRQs) into
the U.S.]” Notice—Comment Period (Feb. 18, 2020).
Forest Service
Internal Revenue Service
Rural
Business-Cooperative Service
85 FR 8549 “Notice of Solicitation of Applications for Inviting Applications
for the Rural Business Development Grant Program To Provide Technical
Assistance for Rural Transportation Systems” Notice (Feb. 14,
2020).
Rural Utilities Service
85 FR 8554 “Cardinal-Hickory Creek 345-kV Transmission Line Project [Dane
County, Wisconsin to Dubuque County, Iowa]” Notice (Feb. 14,
2020).
Susquehanna River Basin
Commission
U.S. House Agriculture
Committee Actions:
H.R.5841 “To decrease the incidence of food waste, and for other purposes”
Referred to Committees on Agriculture; Ways and Means; Education and Labor;
Energy and Commerce; Oversight and Reform; and House Administration (Feb.
11, 2020).
H.R.5848 “To eliminate asset limits employed by certain Federally-funded
means-tested public assistance programs, and for other purposes” Referred to
Committees on Agriculture; Ways and Means; Education and Labor; and Energy and
Commerce (Feb. 11, 2020).
H.R.5850 “To expedite and streamline the deployment of affordable
broadband service on Tribal land, and for other purposes” Referred to
Committees on Agriculture; Energy and Commerce; and Natural Resources (Feb.
11, 2020).
H.R.5859 “To establish forest management, reforestation, and utilization
practices which lead to the sequestration of greenhouse gases, and for other
purposes” Referred to Committees on Agriculture; Foreign Affairs; Ways and
Means; and Natural Resources (Feb. 12, 2020).
H.R.5861 “To address the impact of climate change on agriculture, and for
other purposes” Referred to Committees on Agriculture; Ways and Means;
Education and Labor; Energy and Commerce; Oversight and Reform; and House
Administration (Feb. 12, 2020).
H.R.5705 “Increasing Access and Multiple Use Act of 2020” Referred to
Subcommittee on Conservation and Forestry (Feb. 13, 2020).
H.R.5715 “Petfax Act of 2020 [To improve honesty in pet sales, and for other
purposes]” Referred Subcommittee on Livestock and Foreign Agriculture
(Feb. 13, 2020).
H.R.5719 “CLOSE Act [To amend the Food and Nutrition Act of 2008 to modify
the standards to determine eligibility to receive supplemental nutrition
assistance program benefits, and for other purposes]” Referred to the
Subcommittee on Nutrition, Oversight, and Department Operations (Feb. 13,
2020).
H.R.5762 “Transforming Hiring in Rural Industries and Vital Economies Act
of 2020” Referred to the Subcommittee on Commodity Exchanges, Energy, and
Credit (Feb. 13, 2020).
H.R.5915 “To amend the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to repeal a certain disqualification to receive
benefits under title IV of the Social Security Act and benefits under the Food
and Nutrition Act of 2008; and to amend the Food and Nutrition Act of 2008 to
provide that incarcerated individuals who are scheduled to be released from an
institution within 30 days shall be considered to be a household for purposes of
such Act” Referred to Committee on Agriculture and Committee on Ways and
Means (Feb. 14, 2020).
H.R.5920 “To encourage and facilitate efforts by States and other
stakeholders to conserve and sustain the western population of monarch
butterflies, and for other purposes” Referred to Committees on Agriculture;
Natural Resources; and Appropriations (Feb. 14, 2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
S.3292 “A bill to amend the Federal Crop Insurance Act to reduce Federal
spending on crop insurance, and for other purposes” Read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry (Feb. 13,
2020).
S.3293 “A bill to amend the Richard B. Russell National School Lunch Act
to establish the Food and Nutrition Education in Schools Pilot Program, and for
other purposes” Read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry (Feb. 13, 2020).
Feb. 12–18, 2020 Top
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