In today's episode, Brook discusses the HPAI outbreak that has been detected in dairy cows. He walks us through why USDA hasn't issued any quarantine orders, and how states are responding. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and …

In today's episode, Brook discusses a new lawsuit filed by a group of Texas farm owners against Synagro Technologies. The farm owners allege that their farms were poisoned by PFAS toxins from a biosolids-based fertilizer that was produced and marketed by Synagro that a neighboring farmer had used on his property. Brook talks about the legal implica…

In today's episode, Brook explains the District Court for the District of Arizona's decision to vacate the EPA's 2020 pesticide registration authorizing the sale and use of dicamba-based weed killers within the United States. Brook discusses the arguments for and against this outcome, and how this will affect farmers across the country. Hosted by C…

In this week's episode, Brook talks about California’s Proposition 12 and the relevant regulations that recently became fully effective. These regulations established California's Animal Care Program and require third-party certification for producers. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Mari…

In this week's episode, Brook discusses EPA's recently announced proposed set revisions to the Clean Water Act regulations, standards and permitting of wastewater discharges into waters of the United States from facilities that process meat and poultry products. The proposed regulations would establish more stringent effluent limitations for the co…

In today's episode, Brook gives us an update to our last episode, which introduced a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Today, Brook explains EPA's December 2023 response to the court's decision, and how that will affect the …

In today's episode, Brook and Chloe talk about a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Brook explains the background of the use of EPA's chlorpyrifos rule and how this decision changes the legality of the product. Hosted by Chlo…

In today's episode, Brook and Chloe talk about a decision coming out of the Ninth Circuit Court of Appeals, holding that California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate, a chemical found in the product Roundup, violated the First Amendment of the U.S. Constitution.  Brook explains how the case made its way to…

In this episode, Chloe and Brook talk about a new criminal lawsuit filed by the DOJ against Agri Stats, an agricultural data services company, U.S. v. Agri Stats The DOJ alleges that Agri Stats illegally organized and managed anticompetitive information exchanges among several of the nation's largest protein processing companies, leading to price-f…

In this episode, Chloe and Brook talk about a new private class action lawsuit, Brown v. JBS, et al. The plaintiffs allege that fifteen of the country's largest protein processing companies engaged in wage-fixing in their nationwide beef and pork processing plants. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced …

In this episode, Chloe and Brook talk about U.S. Supreme Court's decision to deny a petition to hear the case of Signet Builders Inc. V. Vanegas. The focus of this case is whether a company must pay overtime to H-2A employees who construct on-farm livestock confinement facilities or whether those employees are exempted from Fair Labor Standards Act…

A discussion on the EPA's CAFO regulation system, and that EPA announced - without any form of press or public announcement - that it is currently commencing a reform plan of its own design. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural an…

A new development involving the Clean Water Act, this time highlighting a new lawsuit brought by environmental organizations, who are suing the EPA for their refuls to expand CAFO regulations. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural …

The latest developments in the on-going WOTUS saga, this time another EPA Final Rule displacing all others. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Fac…

USDA rolls-out another phase of farm loan debt-relief authorized by the Inflation Reduction Act. An unusual Maryland state court ruling on Clean Water Act permitting and ammonia air emissions is reversed by the Maryland Supreme Court. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Broo…

EPA Releases Draft Herbicide Strategy for Endangered Species Listings. Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twit…

USDA to convene federal milk marketing order amendment hearing with 21 reform proposals on the table. The country’s largest poultry antitrust case endures a major shakeup when a federal court simultaneously decides 38 motions, mostly for summary judgment. Hosted by Josh Narey, Research Assistant—With Brook Duer, Staff Attorney—Produced by Josh Nare…

The European Food Safety Authority determines ‘no critical areas of concern’ for glyphosate; The USDA announces $300 Million to fund a draft Federal Strategy to improve greenhouse gas measurement and carbon sequestration; The EPA plans to amend its January 2023 final WOTUS rule by September 1, 2023, to implement the U.S. Supreme Court decision in S…

The US Supreme Court finds California’s Proposition 12 Swine Confinement Standards Constitutional; The largest dairy producer trade group in the country files its long-awaited petition for Federal Milk Marketing Order reform; FDA approves the first gene-edited pigs for entry into the food chain for human consumption. Hosted by Josh Narey, Research …

Fifth Circuit Finds Louisiana Truth in Labelling Law Constitutional; Center for Biological Diversity Cites 2021 EPA Dicamba Report in Seeking Vacatur. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @Ag…

North Dakota Federal Court enjoins WOTUS Final Rule in 24 States; Perdue Farms Files for Settlement Approval in Wage-Fixing Litigation. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like u…

Fourth Circuit Holds ‘Gruyere’ is a Generic term Ineligible for Trademark Registration; USDA Closes Loopholes in New Proposed Rule on ‘Product of the USA’ Labeling. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us o…

Supreme Court to Decide Comparability Test for Citizen Suits Under Clean Water Act; Chesapeake Bay Commission Issues 2022 Annual Report; Pennsylvania Department of Environmental Protection Publishes Phase 3 Watershed Implementation Program 2022 Progress Report Summary. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced …

New PA Avian Influenza Outbreak Draws Additional Quarantine Order for Live Bird Production Premises; U.S. District Court Orders Injunctions Against WOTUS Final Rule in Texas and Idaho. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.…

U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban; USDA to Issue Contracts to Administer Payments to Borrowers Who Have Experienced Discrimination; Food and Agriculture Climate Alliance (FACA) Published 2023 Farm Bill Recommendations. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Prod…

FDA Publishes Draft Guidance on Labeling Plant-Based Milks; FDA Will Require Prescriptions for Certain Previously OTC Antibiotics for Veterinary Use Starting June 11, 2023. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Fol…

H-2A Regulations clear a troublesome legal hurdle; The Department of Justice opposes John Deere in right-to-repair antitrust litigation; The 2022 Food Code provides restaurants guidance on donating prepared foods. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural…

Consolidated Appropriations Act contains provisions for Carbon Credit assistance & verification; USDA launches Cattle Contracts Library Pilot Program; New Proposed Rule for Child Nutrition Programs contains added sugar standards which impact flavored milk. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by …

FDA tells Congress it cannot regulate CBD under the current framework; California announces Sustainable Pest Management Program; Truterra offers carbon credit programs; New York City opposed by State government in its attempt to ban sale of force-fed products. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written…

The U.S. and Canada go back to arbitration over the Dairy Tariff Rate Quota Allocation; a federal appeals court rules on preemption in the case alleging failure to warn regarding Roundup and No-Hodgkins Lymphoma; the Conowingo Dam relicensing faces more hurdles; and John Deere signs a Memorandum with American Farm Bureau Federation recognizing the …

Smithfield joins JBS in completely settling civil class action antitrust allegations of pork price-fixing; a Utah state court criminal prosecution for theft of two piglets from a Smithfield pork production facility ends in a not guilty verdict; and the Pennsylvania Milk Marketing Board will once again be considering whether to continue its Over-Ord…

Congress’s repeal of Socially Disadvantaged Farmer debt relief provisions in the American Rescue Plan Act leads to a unique breach of contract suit with billions of dollars in play, and Pennsylvania, as well as other states, receive a possible signal that punitive actions may not be taken by EPA in response to missing the 2025 Chesapeake Bay clean-…

An update on a lawsuit by Tyson employees against their employer for inadequate COVID protections; animal cruelty charges are filed based upon undercover video of organic turkey processor employees; and USDA's COVID relief payments of $600 for individual farm and food workers inch closer to a reality. Hosted by Ethan Durand, Research Assistant—With…

Pennsylvania’s milk marketing board commits to amend a component of the state’s milk pricing system, the sometimes controversial “Over-Order Premium” and the EPA withdraws its latest registration decision on Glyphosate containing herbicides, causing lots of questions for the entire ag industry. Hosted by Ethan Durand, Research Assistant—With Brook …

A federal court hears proposals for resolving the multidistrict roundup litigation; President Biden issues an Executive Order on biotechnology and biomanufacturing; and the resurgence of avian influenza. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn State Center for Agricultural a…

USDA has announced a total of $3.5 Billion for the new Climate Smart Commodities program; $2 Billion in new funds for Domestic Food Purchasing programs; and $300 Million for the Organic Transition Initiative. We break down what's contained in each program and the significance of these investments. Hosted by Ethan Durand, Research Assistant—With Bro…

Bayer wins a fifth consecutive state court roundup products liability trial, the legal challenge to the EPA's 2020 5-year dicamba registration approval may finally move ahead, and the criminal trial of Blue Bell ice cream’s former CEO ends in a mistrial. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written b…

The federal government enacts the second part of the Biden Administration’s Inflation Reduction Act, or IRA, with nearly $38 Billion of new money for agricultural programs and rural development; pork processing giant Smithfield Foods settles pork class action claims; and one of the nation’s largest dairy cooperatives, Dairy Farmers of America (DFA)…

The DOJ files a complaint and proposed consent decrees in yet more poultry antitrust litigation; a settlement in a private class action case against Koch Poultry; and the USDA announces an expansion of its State MPI Program to Oregon. Hosted by Ethan Durand, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Ethan Durand Penn …

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 Duran…

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 it…

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 …

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 …

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 potenti…

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 defi…

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 Illino…

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 …

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…

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…