Written by:
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
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.
International Trade: United States and China Sign
Agreement Impacting Agricultural Exports To China
On January 15, 2020, The United States and the People’s
Republic of China executed an agreement titled, “Economic
and Trade Agreement Between the United States of America and the People’s
Republic of China,” which serves as a settlement agreement of certain
enforcement actions initiated by the White House under authority of Section 301
of the Trade Act of 1974. According to the February
27, 2019 testimony of United States Trade Representative (USTR) Robert Lighthizer before the House and Ways Committee, such an agreement does not require
Congressional approval as would other trade agreements. The USTR website
contains the ninety-six page agreement text as well as Fact Sheets devoted to
various topics addressed in the agreement, including an eight-page Fact Sheet
titled, “Agriculture
and Seafood Related Provisions” and unique individualized Fact Sheets on
the following topics: Agricultural
Biotechnology, Animal
Feed, Seafood,
Dairy
and Infant Formula, Horticultural
Products, Meat,
Poultry and Live Breeding Cattle, Pet
Food and Rice.
Environmental Policy: White House Proposes Landmark
National Environmental Policy Act Regulation Amendments
On Jan. 9, 2020, the White House Council on
Environmental Quality (CEQ) announced
the publication of a notice
of proposed rulemaking updating its 1978 regulations for implementing the
procedural provisions of 1969’s National Environmental
Policy Act (NEPA). 85
FR 1684. Among other things, NEPA requirements are invoked when
airports, buildings, military complexes, highways, parkland purchases, and
other federal activities are proposed. Environmental Assessments (EAs)
and Environmental Impact Statements (EISs), which are assessments of the likelihood
of impacts from alternative courses of action, are required from involved
federal agencies, are the most visible NEPA requirements. CEQ states that
the average length of an EIS is 600 pages and the average time for federal
agencies to conduct NEPA reviews is four and one-half years. CEQ maintains a comprehensive website devoted to NEPA which
includes a detailed factsheet
outlining the extensive proposed changes. Public comments on the proposed
new rule must be submitted by March 10, 2020. Public hearings on the proposed
rulemaking will be held on February 11, 2020, in Denver, Colorado, and on
February 25, 2020, in Washington, D.C.
Water Quality: Maryland Governor Directs Maryland
Attorney General to Sue Pennsylvania and EPA over Chesapeake Bay Pollution
Reduction
On January 8, 2020, Maryland Governor Larry Hogan issued a press
release and delivered a letter
to Maryland Attorney General Brian E. Frosh specifically directing him “to take
two legal actions: (1) commence litigation against the Commonwealth of
Pennsylvania for repeatedly falling short of necessary pollution reduction
goals; and (2) commence litigation against the U.S. Environmental Protection
Agency (EPA) for failing to enforce the Chesapeake Bay Total Maximum Daily Load
(TMDL).” To date, there has been no public response from Attorney General
Frosh. The Maryland Attorney General is
an independent elected official who does not directly report to the Governor of
Maryland but does provide legal counsel to the Office of the Governor and the
agencies of the Executive Branch. Both
Governor Hogan and Attorney General Frosh were re-elected to second four-year
terms in 2018, however Governor Hogan is a Republican and Attorney General
Frosh is a Democrat.
Biotechnology: USDA, FDA, and EPA Launch Unified Website
for Biotechnology Regulation
On January 9, 2020, the U.S. Department of Agriculture
(USDA), the Food and Drug Administration (FDA), and the Environmental
Protection Agency (EPA), announced
the launch of the Unified
Website for Biotechnology Regulation. It houses in one place all
federal laws and regulations, as well as agency guidance and FAQs,
from the three principal federal agencies charged with regulating agricultural
biotechnology products under the 1986 U.S.
Coordinated Framework for the Regulation of Biotechnology and its 1994,
2017 and 2018 amendments. While the website is not for “regulatory
submissions by product developers,” it is intended to serve as an
informational hub, allow users to submit
questions about agricultural biotechnology, and to educate consumers about
the safe use of biotechnology innovations.
Packers and Stockyards Act: USDA Proposes Long-Delayed
Change to Packers and Stockyards Act Regulations
On January 13, 2020, USDA’s Agricultural Marketing Service
(AMS) announced
the proposal of a new rule establishing criteria for USDA’s determination of
whether a packer, swine contractor or live poultry dealer violated Section
202(b) of the Packers and
Stockyards Act (P&S Act) by giving an “undue” or “unreasonable”
preference or advantage to a particular person or locality. 85
FR 1771. This P&S
Act regulation amendment is required by the 2008 Farm Bill but 2010 and
2016 proposed rules were never finalized, initially due to legislative
prohibition and subsequently due to lack of action. Under the new
proposed rule, USDA would consider whether preferences or advantages are based
on cost, meeting competitors’ prices or other terms, or normal industry
standards. Public comments on the proposed
new rule must be submitted by March 13, 2020.
From National Ag Law Authorities & Sources:
Tara Ritter, Shaping
the Future of Energy in Murray County (January 13, 2020).
Brigit Rollins, Making
A Splash: Georgia, Florida Water Dispute Back to Supreme Court (January
8, 2020).
Penn State Research & News:
Kristen Devlin, Innovation
is widespread in rural areas, not just cities (January 2,
2020).
Pennsylvania Department of Agriculture Press Releases:
104th
PA Farm Show Invites Youth to Imagine the Opportunities, Promotes Careers in
Agriculture (January 11, 2020).
Lumberjack
Demo Draws Crowds, Showcasing Hardwoods at 104th Pennsylvania Farm Show
(January 11, 2020)
Department
of Agriculture Announce Winners of the Spotted Lanternfly Calendar Contest
(January 10, 2020).
Pennsylvania Executive Agencies—Actions and
Notices:
Department of Agriculture
50
Pa.B. 204 “Temporary Order Designating Dangerous Transmissible Diseases” Notice
(January 11, 2020).
Department of Conservation and Natural Resources
50
Pa.B. 207 “Community Conservation Partnerships Program Grants Available” Notice
(January 11, 2020).
Pennsylvania Legislature
H.B.
523 “An Act amending the act of June 13, 1836 (P.L.551, No.169), referred
to as the General Road Law, further providing for repair of private roads” Re-committed
to Appropriations [House] (January 13, 2020).
H.B.
918 “An Act repealing the act of May 20, 1857 (P.L.617, No.658), entitled
‘An act making an Appropriation from the State Treasury, in aid of the Farmers'
High School’” Re-committed to Appropriations [House] (January 13,
2020).
H.B.
1003 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in dams, bar racks and migration devices, further providing for
marking of dams” Removed from table [House] (January 13, 2020).
H.B.
1187 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in special licenses and permits, further providing for Lake Erie
fishing permits” Removed from table [House] (January 13, 2020).
H.B.
2198 “A Joint Resolution proposing an amendment to the Constitution of the
Commonwealth of Pennsylvania, in restrictions on legislative power relating to
legislation, providing for interstate compacts” Referred to State Government
[House] (January 10, 2020).
H.B.
2193 “An Act amending the act of December 22, 1983 (P.L.327, No.85), known
as the Auctioneer Licensing and Trading Assistant Registration Act, providing
for horses sold at auction” Referred to Agriculture and Rural Affairs
[House] (January 10, 2020).
H.
Res. 654 “A Resolution recognizing February 25, 2020, as "World Spay
Day" in Pennsylvania” Referred to Agriculture and Rural Affairs [House]
(Jan. 10, 2020).
H.
Res. 653 “A Resolution designating the week of March 16 through 22, 2020,
as "Maple Producers Week" in Pennsylvania” Referred to Agriculture
and Rural Affairs [House] (Jan. 10, 2020).
Federal Executive Agencies—Actions and Notices:
Agriculture Department
85
FR 1137 “Submission for OMB Review; Comment Request [Tart Cherries Grown in
the States of MI, NY, PA. OR, UT, WA, and WI]” Notice (January 9,
2020).
Agricultural Marketing Service
85
FR 1771 “Undue and Unreasonable Preferences and Advantages Under the
Packers and Stockyards Act” Proposed Rule—Comment Period (January 13,
2020).
85
FR 2104 “Submission for OMB Review; Comment Request [2019 Market
Facilitation Program Application]” Notice (January 14, 2020).
85
FR 2104 “Submission for OMB Review; Comment Request [Tuberculosis, Animal
Health Protection Act]” Notice (January 14, 2020).
Commodity Credit Corporation
85
FR 1731 “Market Access Program” Rule (January 13, 2020).
Federal Emergency Management Agency
85
FR 1172 “Proposed Flood Hazard Determinations” Notice—Comment Period
(January 9, 2020).
85
FR 1173 “Changes in Flood Hazard Determinations” Notice (January 9,
2020).
Fish and Wildlife Service
85
FR 2143 “Endangered and Threatened Wildlife and Plants; Initiation of
5-Year Status Review of Grizzly Bear” Notice (January 14, 2020).
International Boundary and Water Commission, United
States and Mexico
85
FR 1182 “United States Section; Notice of Availability of the Final
Environmental Assessment (EA) and Finding of No Significant Impact for the
Continued Implementation of the River Management Plan for the Rio Grande
Canalization Project” Notice (January 9, 2020).
Small Business Administration
85
FR 1783 “SBA Supervised Lenders Application Process” Proposed
Rule—Comment Period (January 13, 2020)
Susquehanna River Basin Commission
85
FR 1189 “Public Hearing [February 6, 2020]” Notice (January 9,
2020).
85
FR 1190 “Grandfathering (GF) Registration Notice [December 1-21, 2019]” Notice
(January 9, 2020).
U.S. Codex Office
85
FR 1137 “Codex Committee Meeting of the Codex Committee on Food Additives” Notice
(January 9, 2020).
U.S. House Agriculture Committee Actions:
S.1982
“Save Our Seas 2.0 Act” Passed Senate—Referred to Committees on Agriculture;
Natural Resources; Foreign Affairs; Energy and Commerce; Science, Space, and
Technology; and Transportation and Infrastructure (January 13, 2020).
H.R.5435
“American Public Lands and Waters Climate Solution Act of 2019” Referred to
Subcommittee on Conservation and Forestry (January 13, 2020).
H.R.5436
“To amend the Agriculture Improvement Act of 2018, with respect to enforcement
of animal fighting ventures prohibition in the territories, and for other
purposes” Referred to Subcommittee on Livestock and Foreign Agriculture (January
13, 2020).
H.R.5474
“Shawnee Wilderness Designation Act” Referred to Subcommittee on
Conservation and Forestry (January 13, 2020).
H.R.5484
“COLA's Don't Count Act of 2019” Referred to Subcommittee on Nutrition,
Oversight, and Department Corrections (January 13, 2020).
H.R.5506
“Hawaii Invasive Species Protection Act” Referred to Subcommittee on
Biotechnology, Horticulture, and Research (January 13, 2020).
H.R.5587
“To amend the Federal Food, Drug, and Cosmetic Act with respect to the regulation
of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances”
Referred to Committees on Agriculture & Energy and Commerce (January
13, 2020).
H.R.5563
“Opportunities for Fairness in Farming Act of 2020” Referred to the House
Committee on Agriculture (January 9, 2020).
H.Res.775
“Recognizing and honoring Smokey Bear's 75 years of service to the United
States and commitment to preventing unwanted human-caused wildfires and
promoting forest health” Referred to the Subcommittee on Conservation and
Forestry (January 9, 2020).
H.R.5430
“United States-Mexico-Canada Agreement Implementation Act” Senate-Committee
on Finance, ordered to be reported without amendment favorably (January 7,
2020).
U.S. Senate Agriculture, Nutrition, And Forestry
Committee Actions:
No new actions January 1-7, 2020
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive
AgLaw HotLinks
January 8-14, 2020 Top Tweets:
“Concerns
Over Phase One Trade Agreement's Impact on Demand” (January 12, 2020).
“USMCA
Moving Forward, Timeline Uncertain” (January 8, 2020).
“Pork
Industry Says New Plant-based Impossible Pork Violates Law” (January 7,
2020).
“Grange
Presents, Rural Broadband Program At Farm Show” (January 7, 2020).
“USDA
Invites Input on Conservation Easement Rule” (January 8, 2020).
“Farmers
Optimistic About the Future, Even as Their Perception of Current Economic Conditions
Drops” (January 7, 2020).
“NPPC
Responds to Pork Antibiotics Story on CBS” (January 7, 2020).
“Congress’
New Year’s Resolution Should be Ag Labor Reform” (January 8,
2020).
“Japan
Proposes Subsidy Program To Increase Beef & Dairy Production” (January
7, 2020).
“Senate
Panel Advances USMCA With Bipartisan Vote” (January 7, 2020).
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