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International Agricultural Trade Update: The China Phase One Agreement and the U.S.-Japan Trade Agreement

In 2020 the United States entered into two different trade agreements. The United States and China “Phase One” trade deal (“Phase...

Who Owns the FARM: Foreign Investment in US Agriculture

Over the past decade, foreign investments in agricultural land have grown. At the start of 2020, foreign persons held over 35...

Biden Administration Begins Review of Environmental Regulations

When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review...

Focus on Food: Understanding Labeling and the First Amendment

On both sides of the same coin, federal and state governments regulate food labels through restricting the use of certain statements...

International Agricultural Trade Update: The United States-Mexico-Canada Agreement

On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) went into effect. The new agreement replaces the North American Free Trade...

Considering Carbon: Overview of Existing Market Structures

An interest in reducing environmental impacts and achieving climate sustainability is growing significantly within the U.S. government, especially with the Biden...

WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the...

Heat Safety and Wildfire Smoke Standards and Guidelines at the State and Federal Level

Update: On September 20, 2021, the U.S. Department of Labor announced that OSHA will be taking steps to implement a workplace...

Legal Checkup on Checkoffs: R-CALF in the Ninth Circuit

In July of 2021, the United States Court of Appeals for the Ninth Circuit issued its latest and final decision in...

Back in the Lab: FSIS Requests Comments on Cell Cultured Meat Labeling

On September 2, 2021, the Food Safety Inspection Service (“FSIS”), an agency housed within the United States Department of Agriculture, released...

Paraquat Receives Interim Registration Decision, Faces Legal Challenges

On August 1, 2021, the Environmental Protection Agency (EPA) published documents in the Federal Register announcing the Agency’s Interim Registration Review...

Arizona Court Vacates WOTUS Rule

UPDATE: Since the court’s ruling was issued, EPA has announced on its website that both it and the U.S. Army Corps of...

USDA Updates the Thrifty Food Plan

On August 16, 2021 the Food and Nutrition Service (“FNS”), an agency housed within the United States Department of Agriculture (“USDA”),...

“Ag-gag” Laws: An Update of Recent Legal Developments

State laws limiting photography or recordings on agricultural operations without the consent of the owner are commonly called “ag-gag” or “farm...

EPA Announces Decision to Revoke Chlorpyrifos Tolerances

On August 19, 2021, the Environmental Protection Agency (“EPA”) announced its intention to publish a final rule in the Federal Register...

Pandemic Payments: Aid under Pandemic Livestock Indemnity Program

Recently, the U.S. Department of Agriculture (“USDA”) announced it is implementing a program for livestock and poultry producers who suffered unexpected...

California Court Finds State Law Claims Not Preempted by FIFRA in Glyphosate Ruling

A California State Court of Appeal issued a ruling on August 9, 2021, upholding a jury verdict awarding millions of dollars...

Building Blocks: Basics of CRP

First authorized in the Food Security Act of 1985, the Conservation Reserve Program (“CRP”) is a voluntary program that allows agricultural...

Judge Certifies Two Classes in Lawsuit Challenging Minority Debt Relief Payments

In Miller v. Vilsack, five Texas farmers filed a lawsuit against the U.S. Department of Agriculture (“USDA”) alleging that its loan...

California State Court Issues Pretrial Ruling In Roundup Case

A week before the trial of another lawsuit challenging the safety of Monsanto Company’s (“Monsanto”) Roundup products is scheduled to start,...