Written by: M. Sean High (Staff Attorney)
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
WOTUS:
EPA Declines to Extend WOTUS Comment Period
On March 19, 2019, Greenwire reported
that the U.S. Environmental Protection Agency (EPA) and the U.S. Department of
the Army (Army) have declined to extend the 60-day comment period regarding a
proposed rule redefining the scope of waters federally regulated under the
Clean Water Act. Previously, on February
14, 2019, the EPA and the Army published notice in
the Federal Register of the proposed rule revising the agencies definition of
“waters of the United States” issued on June 29, 2015 (84
FR 4154). With the published notice, members of the
public were given until April 15, 2019 to submit comments on the proposed
definition. According to Greenwire,
certain stakeholders and members of Congress had attempted to argue that the
60-day comment period was not enough time to review the proposal. For more information regarding the proposed
rule, see the January 9, 2019 Agricultural Law in the Spotlight article
entitled: U.S.
EPA and Army Corps of Engineers Issue Proposed Revised Definition of “Waters of
the United States”.
WOTUS:
EPA Withdraws WOTUS Applicability Date
On March 8, 2019, the U.S. Federal Government announced
it was withdrawing its appeals of two lower court decisions enjoining and
vacating the U.S. Environmental Protection Agency and U.S. Department of the Army (the
agencies) 2018 Applicability Date Rule delaying the 2015 “waters of the United
States” (WOTUS) rule. Previously, on
January 31, 2018, the agencies issued
a final rule that added an applicability date to the 2015 Rule. As
a result, the 2015 Rule was not scheduled to become
applicable until February 6, 2020.
Subsequently, the U.S. District Courts for the District of South
Carolina and the Southern District of Washington enjoined and vacated the 2018 Applicability
Date Rule. The agencies stated that
instead of litigating the 2018 Applicability Date Rule they have decided to
focus their efforts on revising the 2015 Rule’s definition of WOTUS.
Food
Labeling: Arkansas Governor Signs Truth in Labeling Bill
On March 18, 2019, Arkansas Governor Asa Hutchinson signed into law “Truth in Labeling”
legislation seeking to prevent public deception regarding a food product’s origin
(HB
1407). Food products defined by
the legislation include beef, livestock, pork, poultry, and rice. Under the legislation, meat is defined as
being derived from “a livestock, poultry, or cervid carcass that is edible by
humans.” (A cervid is a mammal of the deer family.) The definition of meat, however, specifically
excludes synthetic products derived from plants, insects, or from products
grown in a lab. Failure to follow the
state’s new food labeling law could result in a civil penalty.
Agricultural
Labor: Pennsylvania Approves Farming Apprenticeship Program
On March 21, 2019, the Pennsylvania Association for Sustainable Agriculture (PASA) announced that the Pennsylvania Department of Labor and Industry had approved a formal apprenticeship
program for vegetable growers. Called
the Diversified Vegetable Apprenticeship, the new program was developed by PASA and provides a way
for beginning farmers to train under master growers. According to PASA, the program will help beginning
farmers acquire the skills necessary to start their own vegetable farms and will
also assist master growers in meeting their employment needs.
Soda
Tax: Leading Health Organizations Support Taxes on Sugary Drinks
On March 25, 2019, the American Academy of Pediatrics (AAP)
and the American Heart Association (AHA) issued a joint
statement endorsing a series of public health measures intended to lower sugary
drink consumption among children. According
to the statement, children in the U.S. consume an average of 30 gallons of sugary
drinks per year. The statement asserted
that this consumption has been linked to adolescent obesity and increased risk
for tooth decay, hypertension, and type 2 diabetes. Among the measures endorsed by AAP and AHA are
excise taxes imposed on manufacturers or distributors, restrictions on
marketing to children, and better nutritional information on labels.
Water
Quality: Federal Judge Issues Temporary Injunction Against Lake Erie Bill of
Rights
On March 18, 2019, the U.S. District Court for the Northern District of Ohio issued a temporary injunction preventing the
City of Toledo from granting Lake Erie its own legal rights (Drews
Farm Partnership v. City of Toledo Case No. 3:19 CV 434). Approved by Toledo voters on March 13, 2019, the
measure—known as the Lake Erie Bill of Rights—provided Lake Erie and its waters
the right to “exist, flourish and naturally evolve.” According to Farm and Dairy, supporters intended the measure to protect the lake from farm nutrient
runoff and resulting harmful algal blooms.
Opponents, however, asserted that the measure’s “definitions are too loose”
and that providing “a lake its own legal standing…is likely unconstitutional.”
From
National Ag Law Experts:
“Issue
Brief: The Regulation of Cell-Cultured Meat”,
Brigit Rollins, Rusty Rumley, National Agricultural Law Center (March 8, 2019)
“Court
of Appeals Agrees USDA did not have the Discretion to Implement New Program Benefiting
Farmers”, Paul Goeringer, Maryland Risk Management
Education Blog (March 19, 2019)
“Ohio
Agricultural Law Blog -- What We’ve Been Up To: Factsheets on Reducing Risk in
Agritourism”, Evin Bachelor, Ohio Agricultural Law
Blog, Ohio State University Extension (March 20, 2019)
Federal
Actions and Notices:
Agricultural Marketing Service
Animal and Plant Health Inspection Service
Pennsylvania
Department of Agriculture:
Pennsylvania
Legislation:
HB
918: Legislation regarding appropriations to Farmers’
High School (Referred to House Agriculture and Rural Affairs Committee, March
25, 2019)
HB
960: Legislation requiring Department of Environmental
Protection to transfer its permitting authority for projects on farms to the
State Conservation Commission (Referred to House Agriculture and Rural Affairs
Committee, March 25, 2019)
HB
915: Legislation clarifying that milk haulers can travel
on highways during a declaration of disaster emergency (Referred to House
Agriculture and Rural Affairs Committee, March 20, 2019)
Pennsylvania
Actions and Notices:
Governor’s Office
State Conservation Commission
Penn
State Research:
AgLaw HotLinks:
“Ag
labor shortage fix offered for dairy industry” – Feedstuffs
“Beer
war escalates: MillerCoors sues Anheuser-Busch over Super Bowl corn syrup commercial” – St. Louis Post-Dispatch
“Canadian
cannabis giant buys Pa. hemp company” – Morning AgClips
Stay Informed:
Listen to our weekly Agricultural Law
Podcast
Read our monthly Agricultural
Law Brief newsletter
Follow us on Twitter
at PSU
Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw
HotLinks
Connect with us on Facebook
to view our weekly CASL Ledger detailing Center publications and activities
Visit The Ag & Food
Law Blog for a comprehensive summary of daily judicial, legislative,
and regulatory developments in agriculture and food
