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This is the Shale Law Podcast, brought to you by the Center for Agricultural and Shale Law. This podcast was created to keep you in the know on current events and legal developments in the shale industry. We go in depth into spotlight articles and other content posted on our blog at http://www.pennstateshalelaw.com/.
 
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This week's episode covers a New Mexico Commission passing a rule which implemented new natural gas venting and flaring requirements, a Colorado Court granting the BLM's voluntary remand of their resource management plan, and the PA Supreme Court's ruling regarding landowners of Natural Gas leases and the PA Consumer Protection Law. Host: Sara Jenk…
 
A federal district court vacated the elimination of line speeds from the 2019 Swine Slaughter Rule and the Eighth Circuit denied an injunction against Missouri’s meat labeling law. Also, the Agriculture Workforce Coalition sent a letter asking the Senate for ag labor reform. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorn…
 
This week's episode covers an appeals court denying review of a FERC order regarding a natural gas pipeline, FERC authorizing a pipeline replacement project and making findings on greenhouse gas emissions, and FERC denying a request for rehearing regarding the Mountain Valley Pipeline. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberma…
 
USDA announced its new ‘Pandemic Assistance for Producers’ initiative and Utah passed a Cage-Free Egg Law. Also, a federal court upheld USDA’s interpretation of the Organic Foods Production Act to include hydroponic production and USDA abandoned its previous rulemaking on Radio Frequency Identification (RFID) tags. Hosted by Audry Thompson, Researc…
 
This week's episode covers a court decision regarding the Mountain Valley Pipeline's Southgate Project, a motion to intervene in the lawsuit regarding the ban on fracking in the Delaware River Basin, FERC issuing an Environmental Assessment for the East Lateral XPress Project, and a report indicating the ban on oil and gas leasing on federal lands …
 
This week's episode covers an update from the PA Natural Gas Production Report, the PA Attorney General settles a lawsuit against Chesapeake Energy, a California City bans construction of new gas stations and expansions of fossil fuel uses at existing stations, and an Ohio District Court enjoining surface disturbing activities in the Wayne National…
 
The Federal Energy Regulatory Commission issued Exelon’s Conowingo Dam license in accordance with Exelon’s settlement agreement with Maryland and OSHA issued an Updated Interim COVID-19 Enforcement Plan and National Emphasis Program. Also, a Maryland circuit court ordered the Maryland Department of the Environment to regulate ammonia air emissions …
 
President Biden signed the $1.9 trillion American Rescue Plan Act, which includes $10.4 billion for agriculture, and a federal court dismissed a meatpacking plant public nuisance suit. Also, EPA acknowledged that the 2018 dicamba registrations were hampered by political interference and the final Hemp Rule proceeds as published, effective March 22,…
 
This week's episode covers the Tenth Circuit's latest decision relating to WOTUS, a Settlement Agreement that will allow the Revolution Pipeline to move forward, and court penalties issued against Exxon Mobile for violations of the Clean Air Act. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print versio…
 
The North American Meat Institute filed for Supreme Review of California’s Proposition 12 and the Tenth Circuit dissolved the Colorado district court’s injunction against the Navigable Waters Protection Rule. Then, Pennsylvania-based Nicholas Meat briefly stopped production in response to a compliance order issued by Pennsylvania’s Department of En…
 
This week's episode covers an update about the Mountain Valley Pipeline, the ban on fracking in the Delaware River Basin, an international oil spill, and state reactions to the executive order suspending fracking. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Revie…
 
A federal court granted preliminary approval of a settlement with Tyson and Pilgrim’s Pride in the ongoing broiler chicken civil antitrust litigation and Pilgrim’s pled guilty to price-fixing in the ongoing parallel criminal suit. Meanwhile, EPA formally reversed its position on its Renewable Fuels Standard small refinery exemption eligibility in a…
 
This week's episode covers the 2019 draft guidance for GHG emissions, the EPA granting emergency waivers in Texas, and a study about songbirds and natural gas compressor noises. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Review. Follow us on Twitter @AgShaleLaw …
 
This week's episode covers a withdrawal of certain Department of Justice policies, the Enbridge 3 Pipeline Project, the Arctic Drilling Rule, and the Federal Royalty Rule. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Review. Follow us on Twitter @AgShaleLaw Like u…
 
A lawsuit challenging the new swine inspection system will proceed to trial and Congress has requested that EPA review RFS exemptions issued in January 2021. Also, Pennsylvania opened applications for Hemp Promotion and Education Grants and Specialty Crop Block Grants. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Attorney—Pro…
 
President Biden issued an executive order directing OSHA to issue guidance and consider COVID-19 emergency temporary standards and a Congressional committee is formally investigating COVID-19 outbreaks in meatpacking plants, including OSHA’s response. Also, Bayer filed for court approval of a $2 billion glyphosate claim settlement fund and multiple…
 
President Biden issued an Executive Order to protect public health and the environment, directing agencies to review previous actions. Also, USDA halted CFAP additional assistance payments pending further review and suspended FSA loan collections and foreclosures. Then, the European Commission initiated a public consultation on its Geographic Indic…
 
This week's episode covers a court decision regarding the Dakota Access Pipeline, an Executive Order suspending some oil and natural gas leases, and GM pledging to be carbon neutral by 2040. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Review. Follow us on Twitter…
 
USDA published a final hemp rule in the Federal Register and signed a MOU with Health and Human Service, granting USDA authority over GE animals. Meanwhile, EPA granted three RFS waivers, which were immediately stayed by a federal court, and issued a proposed interim registration review decision creating new risk mitigation measures for chlorpyrifo…
 
This week's episode covers more news about Keystone XL, the BLM suspending some leasing and permitting, the Mountain Valley Pipeline, and two updates about Small Refinery Exemptions, Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Review for January 15, 2021. Follow …
 
The Supreme Court has agreed to hear an appeal of RFS small-refinery exemptions and EPA proposed Clean Water Act Guidance interpreting the “County of Maui” case. Also, Pilgrim's Pride has reached a $75 million agreement settling civil antitrust litigation and the Department of Labor issued a final H-2A rule. Hosted by Audry Thompson, Research Assis…
 
This week's episode covers an update about the Keystone XL pipeline, news from the Texas Railroad Commission, changes to the Virginia NWP 12 permitting, and Congressional approval for pipeline safety spending. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Review fo…
 
Congress passed a much-awaited $900 billion appropriations act for Covid relief and EPA’s 5-year dicamba registration approval is being challenged twice in parallel litigation. Also, Monsanto/Bayer has signed a $300 million dicamba class-action settlement agreement and a federal district court granted an injunction against the Department of Labor’s…
 
Pennsylvania’s Milk Marketing Board negotiated a nationwide solution to the preference payment claims demanded by the Dean Foods bankruptcy estate and the U.S. Office of Trade Representative filed its first USMCA enforcement action against Canada. Also, a federal district court reduced the punitive damages in the Bader Farms dicamba case to $60 Mil…
 
American Farm Bureau Federation issued a demand for the Dean Bankruptcy Estate to withdraw all claims against dairy producers for preference payments and EPA released its draft biological evaluation for glyphosate. Also, Pennsylvania funds a 2020 Farm Bill while the Pennsylvania CARES Act Dairy Indemnity Program paid $7.6 million to dairy farmers a…
 
The Dean Foods bankruptcy estate sent letters demanding paybacks of preference payments made to dairy producers and the International Dairy Federation published updated dairy terminology guidance. Also, the Forest Services published a final rule outlining compliance standards for the National Environmental Policy Act (NEPA). Hosted by Audry Thompso…
 
The Fourth Circuit affirmed nuisance liability for a Smithfield subsidiary swine production facility in North Carolina, after which Smithfield announced a settlement of the claims and the Federal Motor Carrier Safety Administration announced an interim final rule defining the term “agricultural commodity” for the purpose of determining drivers’ “ho…
 
The European Commission passed a measure imposing tariffs on U.S. agricultural products and JBS agreed to a settlement in a pending consolidated class action pork price-fixing lawsuit. Also, soybean and cotton groups are challenging EPA’s recently issued dicamba registrations. Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staff Atto…
 
The Department of Labor published a final rule modifying the minimum wage calculation of H2A workers and a federal district court remanded an FDA decision on bioengineered salmon for additional analysis. Also, EPA published a final rule on pesticide application exclusion zone requirements and requested a time extension in which to reply to a petiti…
 
EPA approved registrations for Bayers’ XtendiMax, BASF’s Engenia, and Syngenta’s Tavium and Pennsylvania announced the availability of NPDES general permits for the operation of CAFOs. Also, Maryland and Delaware announced direct payments for poultry growers and the California Supreme Court denied Bayer’s appeal in Johnson v. Monsanto. Material fro…
 
Federal district courts vacated a SNAP Rule that reduced benefit access and then authorized a class action price-fixing suit to proceed against several large meatpackers and the Ninth Circuit denied an injunction against California’s Proposition 12, which mandates space standards for confined animals. Material from the Agricultural Law Weekly Revie…
 
JBS subsidiary Pilgrim’s Pride pled guilty to price-fixing broiler chickens while JBS parent company J&F pled guilty to bribery. Also, a second lawsuit was filed against the DEA over its hemp interim rule and New York expanded its spotted lanternfly quarantine while a spotted lanternfly was detected in Oregon. Material from the Agricultural Law Wee…
 
DOJ indicted six more poultry executives over alleged price fixing while the Supreme Court declined to hear a case challenging Indiana's Right to Farm Act. Then, a federal court enjoined a Presidential Proclamation halting non-immigrant work visas and USDA Secretary Sonny Perdue was found in violation of the Hatch Act. Also, the Michigan Supreme Co…
 
USDA and FDA signed a Memorandum of Understanding (MOU) to coordinate and collaborate on dairy exports while a continuing appropriations act passed by Congress extends the 2014 Hemp Pilot Program. Also, a federal district court dismissed an antitrust lawsuit against several large meatpacking companies and the FTC closed the comment period on its pr…
 
Research Assistant Audry Thompson talks with Brook Duer, Center Staff Attorney, about the details of large-scale solar leases to familiarize landowners with the legal terms and concepts they need to know if they’ve been approached by a solar development company or are thinking of inquiring about solar development on their property. Hosted Audry Tho…
 
A lawsuit filed by the Hemp Industries Association challenges DEA’s Hemp Interim Final Rule and R-CALF filed a suit against USDA’s establishment of qualified state beef councils MOUs under the federal Beef Checkoff Program. Then, FDA proposed a new food traceability rule and EPA issued a draft risk assessment of chlorpyrifos. Material from the Agri…
 
EPA denied sixty-eight Renewable Fuel Standard small refinery exemptions and the World Trade Organization found that U.S. tariffs on Chinese products violate trade rules. Then, USDA announced a second round of Coronavirus Food Assistance Program direct payments. Also, OSHA cited Smithfield and JBS for failing to protect workers from COVID-19 and FD…
 
The Chesapeake Bay Foundation and several states filed lawsuits against EPA over Pennsylvania and New York’s noncompliance with Chesapeake Bay Agreement nutrient management and USDA issued a final rule on egg products inspection regulations. Also, the U.S. District Court for the District of Oregon dismissed a motion seeking an injunction against th…
 
Research Assistant Audry Thompson talks with Brook Duer, Center Staff Attorney, about large-scale solar leasing and what landowners need to know if they’ve been approached by a solar development company or are thinking of inquiring about solar development on their property. Hosted Audry Thompson, Research Assistant—with Brook Duer, Staff Attorney P…
 
The USDA reopened the Comment Period for its 2019 Hemp Production Rule and a U.S. District Court dismissed a lawsuit alleging deceptive “Product of the USA” meat labeling. Also, Monsanto appealed its Roundup verdict to the California Supreme Court and the Sixth Circuit upheld the denial of an injunction for Michigan Emergency Order mandating COVID-…
 
USDA published a new rule amending definitions and language for ag subsidy payment eligibility and limitations while FDA and OSHA published a food operation COVID-19 checklist. Also, USDA and the President announced an additional $1 billion added to the Farmers to Families Food Box Program for a third round of distributions. Material from the Agric…
 
A new H-2A rule extends the deadline to file an extension of stay petition, and the Chesapeake Bay Program announced overall pollutant decline in the bay since 2009. Also, a federal district court denied a temporary restraining order against Michigan’s mandatory ag worker COVID testing, and the Ninth Circuit denied a rehearing in a case that invali…
 
This week's episode covers proposed amendments to the Railroad Commission of Texas' flaring rules, a proposed rule to amend federal oil and gas royalty regulations, final rules amending EPA's New Source Performance Standards, and North Carolina denial of a water quality certification for the Mountain Valley Pipeline. Host: Sara Jenkins, Research As…
 
A petition for writ of certiorari seeks to challenge Indiana’s Right to Farm Act in the Supreme Court and USDA’s Food Safety and Inspection Service signed a Cooperative Interstate Shipment Agreement with Vermont. Also, the New York Attorney General filed a lawsuit against Hillandale Farms alleging egg price-gouging and the Sixth Circuit dismissed a…
 
The MI Dept. of Health and Human Services issued an Emergency Order requiring COVID-19 testing for agricultural employees and USDA’s Agricultural Marketing Service proposed a new rule to expand and enforce organic regulations. Also, PA’s Dairy Future Commission released its final report with recommendations and the PA Department of Environmental Pr…
 
This week's episode covers a decision by a Colorado District Court, dismissing a lawsuit challenging an air quality emissions regulation which affected oil and gas producers; the issuance of a notice of intent to prepare a SEIS for the Mountain Valley Pipeline; FERC's issuance of a notice of availability on the Environmental Assessment for the Penn…
 
Research Assistant Audry Thompson and Staff Attorney Brook Duer discuss the final Scientific Report of the 2020 Dietary Guidelines Advisory Committee, the history of the Dietary Guidelines, and the upcoming 2020-2025 Dietary Guidelines for Americans. Hosted by Brook Duer, Staff Attorney—with Audry Thompson, Research Assistant Material from the Agri…
 
OSHA sought to dismiss a mandamus complaint by employees from a Maid-Rite Meat processing plant in Dunmore, PA and Dutch grocer conglomerate Ahold announced new GMO and animal welfare sustainability policies. Material from the Agricultural Law Weekly Review—week ending July 31, 2020 Hosted by Audry Thompson, Research Assistant—With Brook Duer, Staf…
 
This week's Shale Law Podcast covers national energy policy updates including a final rule from the EPA revising the agency's permit appeal process, a proposed policy update from the BLM for oil and gas measurement and site security, Notice of a Final Policy issued by the DOE extending natural gas export authorizations through 2050, and a municipal…
 
This week the Shale Law Podcast covers a rule by the Bureau of Land Management revising natural gas venting and flaring requirements, the Louisiana State Court of Appeal's decision on the Bayou Bridge Pipeline project, OSHA guidance on COVID-19 for workers in the oil and gas field, the BIA's issuance of a Notification of Trespass Determination for …
 
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