Agricultural
Law Weekly Review—March 29, 2017
Written by M. Sean High – Staff Attorney
The following information is an update of recent,
local, state, national, and international legal developments relevant to
agriculture:
Ag Policy: President Trump Signs Executive Order on Energy
On March 28, 2017, President Donald Trump signed an Executive
Order entitled: Promoting Energy Independence
and Economic Growth. According to a
White House press
release, the Executive Order:
- “directs the Environmental Protection Agency to suspend, revise, or rescind four actions related to the Clean Power Plan”
- “rescinds Executive and Agency actions centered on the previous administration’s climate change agenda”
- “directs all agencies to conduct a review of existing actions that harm domestic energy production and suspend, revise, or rescind actions that are not mandated by law”
- “directs agencies to use the best available science and economics in regulatory analysis”
Avian
Influenza: Commercial Georgia Flock Confirmed Positive
On March 27, 2017, the Georgia Department of
Agriculture (GDA) confirmed
that a Georgia commercial poultry flock “has tested positive for H7,
presumptive low pathogenic avian influenza (LPAI).” According to GDA, “[t]he virus
was identified during routine pre-sale screening for the commercial facility.”
GDA stated that the flock has been depopulated.
Ag-Gag:
Arkansas Bill Signed into Law
On March 23, 2017, Arkansas Governor Asa Hutchinson
signed into law HB1665 entitled: To Create a Cause of Action for Unauthorized
Access to Another Person's Property. The legislation creates a civil cause of
action for unauthorized access to agricultural property and covers an employee
that “[r]ecords images or sound occurring within an employer's commercial
property and uses the recording in a manner that damages the employer.”
Ag Data:
Farm Groups and EPA Reach Privacy Settlement
On March 28, 2017, the American Farm Bureau
Federation (AFBF) issued a press
release announcing that a federal judge has approved a settlement regarding
litigation brought by AFBF and the National Pork Producers Council against the
Environmental Protection Agency (EPA). According
to AFBF, the litigation was initiated “after EPA released a vast compilation of
spreadsheets containing personal information about farmers and ranchers in 29
states who raise livestock and poultry, in some cases including the names of
farmers, ranchers and sometimes other family members, home addresses, email
addresses, GPS coordinates and telephone numbers.” AFBF stated that as part of the settlement,
EPA has agreed that “only the city, county, zip code and permit status of an
operation will be released.”
Invasive
Species: PDA and PSU Extension to Train Volunteers
On March 24, 2017, the Pennsylvania Department of
Agriculture (PDA) issued a press release
announcing that PDA “in conjunction with Penn State Extension and Berks County
Conservation District, will host a series of April public meetings to train
volunteers to assist in eradicating the invasive Spotted Lanternfly.” According
to PDA, the meetings will be held “in Berks, Bucks, Lehigh and Montgomery
counties.”
Pennsylvania
Legislation
- Senate Agriculture & Rural Affairs: S545 Dog Law amendment - spaying/neutering as a condition of shelter release (referred March 24, 207)
- House Agriculture & Rural Affairs: HB 972 Additional requirements for Boarding Kennels (referred March 27, 2017)
- House Tourism and Recreational Development: HB 977 Lease land by recreational authorities for OHV riding (RULWA) (referred March 27, 2017)
Pennsylvania
Administrative Actions and Notices
- Department of Environmental Protection: Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits
- State Conservation Commission: Action on odor management plans for concentrated animal operations and concentrated animal feeding operations and volunteers complying with the Commonwealth's Facility Odor Management Program
AgLaw HotLinks:
- “Pennsylvania Produce Featured Along the PA Turnpike” - PA Pressroom
- Rusty Patch bumblebee is now on the endangered species list - Reuters
- "Dairy groups asks for farm bill fixes" - FeedStuffs
- "GMO- Ethanol Corn Contaminates Non-GMO White Corn Used in Tortillas" - EcoWatch
- "Raw milk still looking for wins as legislative season nears end" - FoodSafetyNews
- Fed Aviation Administration predicts dramatic increase in drone usage - Pork Network
- "Meat industry proposes animal disease protection in farm bill" - TriState Livestock News
- EPA is rewriting the Waters of the U.S. rule according to executive order guidelines - WNAX
- National Farmers Union shows support for country of origin labeling - Brownfield
- "Financial Relief Bill to Diary Farmers Survives Challenge" - AgWeb
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