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Who Owns the Ag Land? Congress Considering Changes to the Federal Reporting Regime

On January 25, 2024, Senator Mike Braun (R-IN) introduced the AFIDA Improvements Act of 2024 (S. 3666) which seeks to amend...

EPA Proposes Updates to Effluent Limitations for Meat and Poultry Processors

In late January, the Environmental Protection Agency (“EPA”) announced that it was seeking public comment on its proposal to revise technology-based...

USDA Proposes Updates to Foreign Held Agricultural Land Reporting

Recently, the U.S. Department of Agriculture’s (“USDA”) announced that it is seeking public feedback—due by February 16, 2024—on how foreign persons...

EPA Weighs in On Supreme Court Decision Regarding Groundwater and the CWA

In April 2020, the United States Supreme Court issued its final ruling Cty. of Maui v. Hawaii Wildlife Fund, 590 U.S....

Who Owns the Business? Corporate Transparency Act and Foreign Entity Disclosures

As previously discussed, the Agricultural Foreign Investment Disclosure Act (“AFIDA”) (7 U.S.C. §§ 3501–3508) contains reporting requirements mandating that certain foreign...

“Top Ten” Issues in Ag & Env Law: 2023 Edition

In the world of agricultural law, 2023 was a year for significant developments and changes.  In summary below, attorneys at the...

Recent Federal and State Legislation to Amend Child Labor Laws

Agriculture can be a hazardous occupation, and adding child workers into the equation can lead to even more dangerous situations. During...

EPA Proposes Vulnerable Species Pilot Project

One June 22, 2023, the Environmental Protection Agency (“EPA”) released a draft white paper for its Vulnerable Species Pilot Project (“VSPP”),...

AMS Updating the National Bioengineered Food Disclosure Standard’s List of Bioengineered Foods

Bioengineered (BE) foods is a familiar term that has created consumer confusion in the United States over the past few years....

Flood Insurance for Agricultural Producers

According to the Federal Emergency Management Agency (“FEMA”), only one inch of water in a property can cause more than $25,000...

FTC Warns Trade Associations and Nutrition Influencers of Lack of Disclosures in Sponsored Social Media Posts

On November 15, the Federal Trade Commission (FTC) sent letters to two food and beverage trade associations and 12 nutrition influencers...

hemp

Legal Challenges to State Hemp Laws and Regulations

In 2023, lawsuits were filed against state governments in Indiana, Arkansas, Virginia, and Alaska alleging that state hemp laws and regulations...

Eighth Circuit Ruling Revives Foods Uses for Chlorpyrifos

On November 2, 2023, the Eighth Circuit Court of Appeals issued its decision in Red River Valley Sugarbeet Growers Ass’n v....

USDA Publishes Final Rule Amending Organic Livestock and Poultry Standards

On October 25, 2023, Secretary Vilsack announced that the Agricultural Marketing Service (“AMS”) had finalized the Organic Livestock and Poultry Standards...

Doctrine of Chevron Deference Challenged at the High Court

Update: On June 28, 2024, the Supreme Court released its final decision in Loper Bright Enters. b. Raimondo, where it overturned...

Members of Congress Propose Bills to Amend the Federal Crop Insurance Program

According to the U.S. Government Accountability Office, for the 2022 crop year, there were 493 million acres of land in the...

EPA Draft Herbicide Strategy Open for Comment

October 22, 2023, is the last day to submit comments on the Environmental Protection Agency’s (“EPA”) Draft Herbicide Strategy Framework to...

DOL, DHS, and USDA Launch New Proposed Rules and Initiatives Affecting H-2 Programs

The H-2A program allows agricultural employers to hire foreign workers when there is a shortage in domestic labor. According to Philp...

Court Rules that EPA Must Engage in ESA Consultation When Adopting Water Quality Standards

The Environmental Protection Agency (“EPA”) must analyze how its revised water quality standards for cadmium will affect threatened and endangered species...

Recent Federal and State Heat Safety Proposals

According to the Bureau of Labor Statistics, between 2011 and 2021, there were 436 work-related deaths attributed to environmental heat exposure....