A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes environmental law, state law
In RUSSELL BERNER AND DONNA BERNER, et al. v. MONTOUR TOWNSHIP ZONING HEARING BOARD AND SCOTT SPONENBERG APPEAL OF: SCOTT SPONENBERG, No. 39 MAP 2018, 2019 WL 4726151 (Pa. Sept. 26, 2019) the Pennsylvania Supreme Court addressed the Nutrient Management Act (NMA), a state law requiring “concentrated agricultural operations” (CAOs) to comply with a variety of standards regarding the management of livestock manure and other nutrients. Specifically, the Pennsylvania Supreme Court considered to what extent the NMA preempts local regulations of nutrient management by agricultural operations that are not CAOs and therefore not subject to regulation under the NMA. The case required the Court to interpret a provision of the NMA that stated that the legislation was meant to preempt local rules. The real issue was whether this preemption provision applied only to CAOs or whether it also applied to non-CAOs as well. Ultimately, the Court concluded that the preemption provision applied both to CAOs and non-CAOs alike, specifically concluding that the NMA “preempts any local regulation of nutrient management to the extent the local regulation imposes requirements that are stricter than, inconsistent with, or in conflict with the state law requirements.”
REGULATORY: Includes EPA
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing the availability of EPA’s draft human health and/or ecological risk assessments for the registration review various pesticides. Info here.
Notice that EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, EPA is providing notice of receipt and opportunity to comment on the applications. Info here.
Notice announcing EPA’s order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by EPA or a variety of registered products. Info here.