Chesapeake Bay Update: Court Upholds Chesapeake Bay TMDL

On July 6, 2015, the U.S. Third Circuit Court ofAppeals ruled against the American Farm Bureau Federation (AFBF) and in favor of the U.S. Environmental Protection Agency (EPA) regarding the legality of the Chesapeake Bay total maximum daily load (TMDL) regulations.  According to the court, AFBF was incorrect in its assertion that EPA’s Chesapeake Bay TMDL regulations exceeded EPA’s statutory authority to regulate.

The court opinion stated that under the federal Clean Water Act (CWA) Congress has required the establishment of TMDLs for certain waters.  According to the court, though undefined in CWA, EPA has interpreted the term TMDL “to require publication of a comprehensive framework for pollution reduction in a given body of water.” Accordingly, EPA’s Chesapeake Bay TMDL provided for “allocations of permissible levels of nitrogen, phosphorous, and sediment among different kinds of sources of these pollutants.”

According to the court, one of AFBF’s primary assertions was that the correct reading of the “total load” in TMDL represented a single number, “like the ‘total’ at the bottom of restaurant receipt,” and did not permit specific allocations of permissible levels of nitrogen, phosphorous, and sediment.  The court disagreed that CWA only permitted one number, stating that “a plausible understanding of ‘total’ is that it means the sum of the constituent parts of the load.”

In addition to finding that “total” allowed for allocations of permissible levels of nitrogen, phosphorous, and sediment, the court found that EPA had not overstepped its statutory authority in requiring both TMDL target dates and state assurances that TMDL objectives would be fulfilled. 

Significantly, the court opinion stated that any solution to the Chesapeake Bay problem “will result in winners and losers.” According to the court, the winners include “environmental groups,” “fishermen,’ and “urban centers,” while the losers are “rural counties with farming operations,” and “the agricultural industry.”

Written by M. Sean High - Staff Attorney

July 7, 2015

Agricultural Law Weekly Review —November 21, 2019

Written by:  

Brook Duer—Staff Attorney

Audry Thompson—Research Assistant

           

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

Invasive Species: USDA Restricts Imports of Tomatoes and Peppers to Prevent Tomato Brown Rugose Fruit Virus

On November 15, 2019, the USDA’s Animal and Plant Health Inspection Service (APHIS) announced a Federal Order (DA-2019-28) restricting the import of tomato and pepper fruits, seed lots, and transplants, effective Friday, November 22, 2019, in order to prevent the introduction of tomato brown rugose fruit virus (ToBRFV) into the United States.  ToBRFV naturally infects tomato and pepper plants and can cause discoloration, deformation and irregular maturation, resulting in excessive fruit loss.  The virus spreads easily through contact between infected plant parts, seeds, contaminated tools and hands.  First reported in Israel in 2014, it has since been detected in Mexico, the Netherlands, United Kingdom, Germany (where it was eradicated), Italy, Greece, Turkey, Jordan and China.  In 2018, it was also discovered and eradicated in a tomato greenhouse in California.  The Federal Order requires that all tomato and pepper fruit from Israel, Mexico, and the Netherlands be inspected at their point of origin and declared ToBRFV-free before importation into the United States.  Additionally, all tomato and pepper seed lots and transplants from countries where the virus exists must be “officially tested and certified” ToBRFV-free.  The order also requires Canada, which receives and exports the fruit from Mexico, to ensure all tomato and pepper fruit exported to the U.S. be ToBRFV-free.  Customs and Border Protection will increase U.S. entry point inspections, prohibiting tomato and pepper material import via passenger baggage.  

Animal Welfare:  Michigan Governor to Decide if State’s Cage-Free Egg Date is Extended

On November 20, 2019, Michigan House Bill 0174, extending from 2020 to 2025 the effective date of a 2009 “cage-free egg law,” was presented to Governor Gretchen Whitmer for signature or veto.  On November 6, both chambers of the Michigan Legislature concurred on passage of a final version of the bill, which encompasses a broad range of animal agriculture-related regulatory topics and into which the date extension was inserted.  A prior legislative attempt to extend the effective date of the 2009 law was presented to and vetoed on December 21, 2018 by former Michigan Governor Rick Snyder.  The 2009 law is designated as Section 46 of Michigan’s Animal Industry Act and, among other things, prohibits egg-laying hens from farms with greater than 3,000 egg-laying hens from being confined for the majority of any day without the ability to “fully spreading both wings without touching other hens or the side of an enclosure and having access to at least one square foot of usable space per hen.”  All eggs produced, sold or imported into Michigan must be produced under compliant conditions by the effective date. Michigan ranks in the top ten nationally in shell egg production.  Retailers Kroger, Walmart and McDonald’s have identified 2025 as the target date by which they will source only “cage-free eggs.”  Michigan joins California, Oregon, Washington and Massachusetts with similar measures.  On January 7, 2019, the United States Supreme Court declined two attempts to have it consider and decide whether such measures (California and Massachusetts) violate the U.S. Constitution’s Commerce Clause by improperly regulating interstate commerce.  

Water Quality: Federal Judge Allows Lawsuit Seeking EPA Action on Lake Erie TMDL

On November 13, 2019, Judge James G. Carr of the U.S. District Court for the Northern District of Ohio ruled that a lawsuit may continue against the U.S. Environmental Protection Agency (EPA) brought by a group known as Environmental Law & Policy Center seeking to force the imposition of a total maximum daily limit (TMDL) on the state of Ohio for discharge into Western Lake Erie.  The case was filed under the Clean Water Act (CWA) and alleges that the Ohio Environmental Protection Agency (Ohio EPA) designated Western Lake Erie an impaired waterway, triggering an obligation to create a TMDL for phosphorus entering the lake, but that Ohio has not been compelled by EPA to do so, instead characterizing Lake Erie as “low priority” for TMDL development and addressing Lake Erie’s impairment through alternative restoration methods with no plans for a TMDL.  EPA sought to have the major claims against it dismissed on the basis that Ohio’s pursuit of actions alternative to establishing a TMDL were within its discretion under the CWA.  The Court disagreed and found sufficient evidence alleged to support a finding at trial that Ohio is violating the CWA by refusing its mandatory TMDL obligation, thus requiring EPA to act and impose a TMDL.  The Complaint was initially filed on February 7, 2019 and no trial date has yet been set. 

Conservation Programs: NRCS Publishes Conservation Stewardship Program Rule 

On November 12, 2019, USDA’s Natural Resources Conservation Service (NRCS) published an Interim Final Rule for the Conservation Stewardship Program (CSP), prompted by a 2018 Farm Bill directive, which, among other things, increases rates for cover crop rotation adoption, introduces new payments for advanced grazing management and developing a comprehensive conservation plan, provides support for organic and transitioning to organic production and incorporates many features that align CSP with the Environmental Quality Incentives Program (EQIP), NRCS’ other large conservation program. The amendments are immediately effective.  A public comment period closes on January 13, 2020, after which a final rule is anticipated. $750 million is available in fiscal 2020 for CSP and NRCS state offices will announce sign-up periods in the coming weeks. 

From National Ag Law Experts: 

Tiffany Dowell, Transfer on Death Deeds (November 18, 2019). 

Paul Goeringer, Minnesota Agency Should Have Accounted for Climate Change Impact Before Allowing Dairy to Expand (November 12, 2019).

Penn State Research:

Penn State research projects awarded USDA organic agriculture grants (November 15, 2019).

A'ndrea Elyse Messer, Individual climate models may not provide the complete picture (November 12, 2019).

Pennsylvania Department of Agriculture:

“Department of Agriculture Partners with PennAg Industries to Launch Center for Poultry and Livestock Excellence” (November 18, 2019). 

“Agriculture Department Offers Free PA Preferred® Workshop to Expand Market Opportunities for PA Farmers” (November 13, 2019). 

“Department of Agriculture Offers Advice to PA Hunters, Processors to Protect Against Chronic Wasting Disease” (November 13, 2019)

Pennsylvania Executive Agencies—Actions and Notices: 

Department of Environmental Protection

“Draft Stream Evaluation Reports; Available for Public Comment,” Notice (November 16, 2019). 

Department of Conservation and Natural Resources 

“Conservation and Natural Resources Advisory Council Meeting [November 20, 2019],” Notice (November 16, 2019). 

Susquehanna River Basin Commission 

“Commission Meeting [December 5, 2019],” Notice (November 16, 2019).

Pennsylvania Legislature

S.B. 147 “An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in Pennsylvania Game Commission, further providing for accountability; and, in hunting and furtaking, further providing for hunting on Sunday prohibited and for trespass on private property while hunting and providing for hunting on Sunday without written permission” Presented to Governor (November 19, 2019). 

H.B. 2045 “An Act authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to Ohiopyle Borough, Fayette County, certain lands situate in Ohiopyle Borough, Fayette County, in exchange for Ohiopyle Borough granting and conveying certain lands to the Commonwealth of Pennsylvania to be added to those existing lands at Ohiopyle State Park” Referred to Environmental Resource and Energy (November 14, 2019). 

H.B. 941 “An Act amending the act of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law, in short title and definitions, further providing for definitions; and, in sale of property, further providing for notice of sale, for deed, for hearing and order for judicial sale and for additional restrictions and providing for condemnation orders” Referred to Urban Affairs and Housing

Federal Executive Agencies—Actions and Notices:

Animal and Plant Health Inspection Service

“Environmental Impact Statement for Predator Damage Management in Oregon,” Notice (November 14, 2019). 

Employment and Training Administration 

“Modernizing Recruitment Requirements for the Temporary Employment of H-2B Foreign Workers in the United States,” Rule (November 15, 2019). 

Environmental Protection Agency

“Pesticide Registration Review; Proposed Interim Decisions for Several Pesticides; Notice of Availability,” Notice (November 18, 2019). 

“Pesticide Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability,” Notice (November 18, 2019).

“Meeting of the National Drinking Water Advisory Council,” Notice (November 13, 2019). 

“National Primary Drinking Water Regulations: Proposed Lead and Copper Rule Revisions,” Proposed Rule (November 13, 2019). 

Federal Emergency Management Agency

“Technical Mapping Advisory Council,” Notice (November 18, 2019). 

“Changes in Flood Hazard Determinations,” Notice (November 18, 2019). 

“Final Flood Hazard Determinations,” Notice (November 18, 2019). 

“Disaster Assistance-Federal Assistance to Individuals and Households,” Rule (November 15, 2019). 

“Water Quality Trading Under the National Pollutant Discharge Elimination System Program; Extension of Comment Period,” Notice (November 19, 2019). 

Fish and Wildlife Service 

“Endangered and Threatened Species; Receipt of Recovery Permit Application,” Notice (November 19, 2019). 

Foreign Agricultural Service 

“Privacy Act of 1974: New System of Records,” Notice (November 19, 2019). 

Geological Survey 

“Public Meeting of the National Geospatial Advisory Committee,” Notice (November 18, 2019). 

Land Management Bureau

“Notice of Public Meetings, Southwest Resource Advisory Council, Colorado,” Notice (November 18, 2019). 

“Notice of Filing of Plat of Survey; Eastern States,” Notice (November 18, 2019). 

“Agency Information Collection Activities; Geothermal Resource Leasing and Permitting, and Geothermal Resources Unit Agreements,” Notice (November 18, 2019). 

Rural Business-Cooperative Service 

“Notice of Solicitation of Applications for Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2020,” Notice (November 13, 2019). 

U.S. House Agriculture Committee Actions: 

H.R.4930 “Wounded Veterans Recreation Act,” Referred to Subcommittee on Conservation and Forestry (November 15, 2019). 

H.R.4909 “CFTC Cost-Benefit Analysis Improvement Act,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 15, 2019). 

H.R.5100 “To direct the Secretary of Agriculture to establish a grant program to remove nonnative plant species that contribute to drought conditions, and for other purposes,” Referred to the House Committee on Agriculture (November 14, 2019). 

H.R.5091 “To establish a community wildfire defense grant program, and for other purposes,” Referred to the Committees on Transportation and Infrastructure, Natural Resources, and Agriculture (November 14, 2019). 

H.R.4902 “ARPA-Terra Act of 2019,” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (November 14, 2019). 

H.R.4895 “CFTC Reauthorization Act of 2019,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 14, 2019).

H.R.4885 “McIntire-Stennis Act District of Columbia Equality Act,” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (November 14, 2019).

H.R.4881 “Real Marketing Edible Artificials Truthfully Act of 2019,” Referred to the Subcommittee on Livestock and Foreign Agriculture (November 14, 2019).

H.R.4874 “Rebuild Rural America Act of 2019,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 14, 2019).

H.Res.681 “Recognizing the National Peanut Festival held annually in Dothan, Alabama, and the importance of the peanut industry in the State of Alabama and the United States,” Referred to the Subcommittee on General Farm Commodities and Risk Management (November 14, 2019).

S.2107 “Protecting America's Food and Agriculture Act of 2019,” Referred to the Subcommittee on Border Security, Facilitation, and Operations (November 14, 2019).

H.R.5077 “To provide protections and certainty for private landowners related to resurveying certain Federal land under the administrative jurisdiction of the Bureau of Land Management, the National Park Service, and the Forest Service, and for other purposes,” Referred to the Committees on Natural Resources and Agriculture (November 13, 2019). 

H.R.5064 “To direct the Secretary of Agriculture and the Secretary of Homeland Security to establish an interagency task force to examine animal disease transmission, and for other purposes,” Referred to the Committees on Homeland Security and Agriculture (November 13, 2019). 

H.R.4816 “Whistleblower Programs Improvement Act,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 13, 2019). 

H.R.4813 “Keep Big Tech Out Of Finance Act,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 13, 2019).

H.R.4773 “Livestock Risk Management and Education Act,” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (November 13, 2019).

H.R.4772 “CFTC Cybersecurity and Data Protection Enhancement Act,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 13, 2019).

H.R.4770 “CFTC Advisory Committee Improvement Act,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (November 13, 2019).

H.R.4765 “Farm Support Integrity for Family Farms Act,” Referred to the Subcommittee on General Farm Commodities and Risk Management (November 13, 2019).

H.Con.Res.71 “Urging all nations to outlaw the dog and cat meat trade and to enforce existing laws against such trade,” Referred to the Subcommittee on Livestock and Foreign Agriculture (November 13, 2019).

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 

No new actions Nov. 6-19

S.2732 “ARPA-Terra Act of 2019,” Read twice and referred to Committee (October 29, 2019). 

S.2744 “U.S. Beef Integrity Act,” Read twice and referred to Committee (October 30, 2019). 

S.2752 “School Hunger Elimination Act of 2019,” Read twice and referred to committee (October 30, 2019). 

S.2760 “Caregivers, Access, and Responsible Expansion for Kids Act of 2019,” Read twice and referred to Committee (October 31, 2019). 

S.2704 “Rebuild Rural America Act of 2019,” Read twice and referred to Committee (October 24, 2019)

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks:

“USDA Issues Second Tranche of Market Facilitation Program” (November 15, 2019). 

“Dean Foods Receives Court Approval to Use DIP Financing” (November 15, 2019). 

“It's Not Just Farmers-U.S. Exports May Never Recover From the Trade War” (November 16, 2019).

“‘Hanging By Its Fingernails:’ U.S. Biodiesel Industry Struggles Without Subsidy” (November 15, 2019). 

“Perdue: Lower Ethanol Exports Hurting Farmers More Than RFS Waivers” (November 18, 2019). 

“Farm Country Feeds America. But Just Try Buying Groceries There” (November 5, 2019). 

“Putting Farm Bankruptcy Statistics Into Perspective” (November 12, 2019). 

“White Paper Shows Minimal Footprint of U.S. Beef” (November 14, 2019). 

Connect with us on Facebook.  Every week we will post the CASL Ledger which details all our publications and activities from the week. 

Want to get updates, but prefer to listen?  Check out the Agricultural Law Podcast.  We can always be found on our Libsyn page, iTunes, Spotify, or Stitcher.

Review last month’s biggest legal developments in agriculture in the October 2019 Agricultural Law Brief.  If you’d like to receive this update via email, check out our website and subscribe.

Agricultural Law Weekly Review—February 20, 2020

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). 

Brigit Rollins, The Deal With Dicamba: Part Three (Feb. 12, 2020). 

Roger McEowen, Conservation Easements and the Perpetuity Requirement (Feb. 10, 2020)

Penn State Research & News:

Gail McCormick, Local genetic adaption helps sorghum crop hide from witchweed (Feb. 11, 2020). 

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:

USDA Names Participants in 2020 Future Leaders in Agriculture Program (Feb. 13, 2020). 

USDA Invests $9 Million in Broadband for Rural Tennessee Communities (Feb. 13, 2020). 

Secretary Perdue Proclaims February 16-22 as Grain Bin Safety Week (Feb. 14, 2020). 

USDA Invests $3.4 Million in Broadband for Rural Illinois Communities (Feb. 14, 2020).

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 8539 “Privacy Act of 1974; [Notice of new] System of Records” Notice (Feb. 14, 2020). 

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

85 FR 8131 “Regional Conservation Partnership Program” Rule—Comment Period (Feb. 13, 2020).

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). 

85 FR 8886 “Proposed Flood Hazard Determinations [Colorado]” Notice—Comment Period (Feb. 18, 2020). 

85 FR 8884 “Proposed Flood Hazard Determinations [Michigan]” Notice—Comment Period (Feb. 18, 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

85 FR 8180 “Conveyance of Small Tracts” Rule (Feb. 13, 2020). 

Internal Revenue Service

85 FR 8344 “Income Tax Withholding From Wages” Notice—Comment Period (Feb. 13, 2020). 

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

85 FR 8088 “Commission Meeting [March 13, 2020, Harrisburg, Pennsylvania]” Notice (Feb. 12, 2020). 

85 FR 8089 “Grandfathering Registration Notice [January 1-31, 2020]” Notice (Feb. 12, 2020). 

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). 

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Feb. 12–18, 2020 Top Tweets:

China to halve tariffs on some U.S. imports as coronavirus risks grow, Reuters

Purple paint law goes live in Pennsylvania, Farm and Dairy

Oldest 'ag-gag' law struck down, Feedstuffs

Changes on dairy farms an opportunity for beef industry, Feedstuffs

FDA doubles down on regulating gene-edited animals, Feedstuffs

Hemp regulations on test drive for 2020, Feedstuffs

New project to describe 'climate-friendly' dairy cow, Feedstuffs

RFID lawsuit: Gotta have it or make it stop?, Meat + Poultry

U.S. ethanol woes spur new animal food focus for Green Plains -CEO, Reuters

Corteva to stop making pesticide linked to kids' health problems, Reuters

Coronavirus causes diversion of US chicken shipments, AgriPulse

Bayer asks California court to reverse $86 million Roundup cancer verdict, Reuters

Connect with us on Facebook.  Every week we post the CASL Ledger detailing all of our publications and activities from the week. 

Want to get updates, but prefer to listen?  Check out the Agricultural Law Podcast.  Subscribe at our Libsyn page, iTunes, Spotify, or Stitcher.

Want a monthly recap of some of the biggest legal developments in agriculture?  Here is our January 2020 Agricultural Law Brief.  If you’d like to receive this monthly update via email, check out our website and subscribe.