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 this episode of the Farmland Energy Legal Podcast, we are joined by Mary Johnson, a second-year student at Penn State Law and a Research Assistant at the Center Agricultural and Shale Law at Penn State. Mary gives us an introduction to the foundations of wind farms and wind power, the potential benefits of using wind power, how farmers can start…

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…

In this episode of the Farmland Energy Legal Podcast, we are joined by Josh Narey, a second-year student at Penn State Law and a Research Assistant at the Center Agricultural and Shale Law at Penn State. Josh speaks about the methane production process in manure on farms, and how methane can be used as a renewable energy source. We also talk about …

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…

In this episode of the Farmland Energy Legal Podcast, we are joined by Lonzie Helmes, a second-year student at Penn State Law and a Research Assistant at the Center Agricultural and Shale Law at Penn State. Lonzie gives us an introduction to hydrogen, how it can be used to replace current fertilizer processes, and recent developments in how the U.S…

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 …

In this episode of the Farmland Energy Legal Podcast, we are joined by Kole Zellers, a second-year student at Penn State Law and a Research Assistant at the Center Agricultural and Shale Law at Penn State. Kole gives us an introduction to the uses of anaerobic digestion and how it can be utilized for both energy and fertilization on farmland and ho…

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…

In this episode of the Farmland Energy Legal Podcast, we are joined by Avery McLean, a second-year student at Penn State Law and a Research Assistant at the Center Agricultural and Shale Law at Penn State, for the second of a two-part introduction to carbon pricing programs and agriculture. In this episode, we address specific questions that farmer…

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…

In this episode of the Farmland Energy Legal Podcast, we are joined by Avery McLean, a second-year student at Penn State Law and a research Assistant at the Center Agricultural and Shale Law at Penn State, for the first of a two-part introduction to Carbon Pricing Programs and agriculture. In this discussion, Avery introduces us to the basics of ca…

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…

In this episode of the Farmland Energy Legal Podcast, we are joined again by Al Jones, a third-year student at Penn State Law and a research Assistant at the Center Agricultural and Shale Law at Penn State, who give us an overview of the use of wood burning as a source of energy, and how it can be utilized on farms. We discuss how the environmental…

In this episode of the Farmland Energy Legal Podcast, we are joined by Al Jones, a third-year student at Penn State Law and a research Assistant at the Center Agricultural and Shale Law at Penn State, who gives us an overview of hydropower energy. We discuss the history of hydropower energy, current usage of hydropower, and how it can be used by fa…

In this episode of the Farmland Energy Legal Podcast, we are joined by Al Jones, a third-year student at Penn State Law and a research Assistant at the Center Agricultural and Shale Law at Penn State, who gives us an overview of geothermal energy. We discuss how geothermal energy production, how it can be used by farms, and government involvement i…

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…

In this episode of the Farmland Energy Legal Podcast, Research Specialist Chloe Marie joins staff attorney Jackie Schweichler to talk about Environmental Rights Amendments. We discuss what they are, state action, case law, and the effect on land use regulation. Guest: Chloe Marie, Research Specialist Host: Jackie Schweichler, Staff Attorney Follow …

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 …

In this episode of the Farmland Energy Legal Podcast, Research Specialist Chloe Marie joins staff attorney Jackie Schweichler to discuss pipeline security including cybersecurity and legislation relating to critical infrastructure. Chloe provides some background on states that have adopted critical infrastructure legislation to address pipeline pro…

In this episode of the Farmland Energy Legal Podcast, Research Specialist Chloe Marie joins staff attorney Jackie Schweichler to discuss the Keystone XL Pipeline. Chloe provides some history of the project and then discusses the various permit authorizations and rescisions that have occured during the past few years. Guest: Chloe Marie, Research Sp…

In this episode of the Farmland Energy Legal Podcast, Research Specialist Chloe Marie joins staff attorney Jackie Schweichler to discuss the Delaware River Basin Commission and the regulation of natural gas development within the Basin. Chloe provides a background on the DRBC rulemaking process as well as recent proposed changes and lawsuits. Guest…

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-…

In this episode of the Farmland Energy Legal Podcast, Research Assistant Deke Dieken joins staff attorney Jackie Schweichler to discuss pipeline easements and the case, United States Forest Service v. Cowpasture River Preservation Association. In this case, the Supreme Court takes a close look at the Appalacian Trail and whether the U.S. Forest Ser…

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…

In this episode of the Farmland Energy Legal Podcast, Research Specialist Chloe Marie joins staff attorney Jackie Schweichler to talk about the Renewable Fuel Standard (RFS). First, Chloe gives us a general overview of the RFS. After that, we dive into the specifics of the hardship exemption from Renewable Fuel Standard (RFS) Volume Obligations (RV…