OFW Law’s John Dillard and Ark Ag Law’s Grant Ballard will lead a session on the landmark SCOTUS decision and its implications.

By Drew Viguet
U of Arkansas System Division of Agriculture

Jan. 29, 2025

Fast facts

  • Session to focus on landmark Supreme Court decision on agency authority
  • Nationally recognized food and ag industry lawyers will present
  • Registration is available online

FAYETTEVILLE, Ark. — Two nationally recognized legal experts will discuss the role that federal agencies have with agriculture and food industries following a landmark U.S. Supreme Court decision that changes the landscape of federal regulation of agriculture.

In its June 2024 decision in Loper Bright Enters v. Raimondo, the Supreme Court overturned the longstanding “Chevron doctrine” that was established in the 1984 case Chevron U.S.A., Inc. v. NRDC. The doctrine said that, generally, courts should defer to a federal agency’s own interpretation of its rules when a litigant challenges that agency’s interpretation of its own rule.

“Agriculture is the most heavily regulated industry in the United States, so any change in the scope of agency authority is a very huge deal,” said Harrison Pittman, director of the National Agricultural Law Center, or NALC.  “The Court’s decision to overturn Chevron, coupled with other recent decisions, is a major league change in the ballgame for federal agencies, producers, attorneys, and others.”

Legal experts Grant Ballard, partner at the Arkansas-based firm of Ark Ag Law, and John Dillard, principal at Washington, D.C.-based OFW Law, will co-present “Shifting Sands: Agency Authority, Ag, & Food in a Post-Chevron World” as part of the 12th Annual Mid-South Agricultural and Environmental Law Conference.

The conference is June 5-6 at the University of Memphis Cecil C. Humphreys School of Law and is co-hosted by the NALC and the National Association of State Departments of Agriculture Foundation. A livestream option is also available. The main conference program is held June 6, preceded by the annual “Beer & BBQ” dinner the evening of June 5 at The Rendezvous.

“Grant Ballard has extensive experience dealing with USDA and other federal agencies, including farm program payment disputes, wetlands issues, federal crop insurance disputes, and more,” Pittman said. “John Dillard brings a wealth of experience as well, particularly through food industry issues before agencies such as the Food and Drug Administration. Their combined insight is especially valuable, and we’re thrilled that they’ll be a part of a great lineup of presenters this year.”

To read the full article, click here.

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