Jackie Schweichler—Staff Attorney
Audry Thompson—Research
Assistant
The following
information is an update of recent local, state, national, and international
legal developments relevant to agriculture:
Water Quality: EPA Seeks
Comment on Water Quality Trading Policy
On September 5, 2019,
U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced that the agency is seeking comment on guidance issued in the
memorandum, Updating the EPA’s Water Quality Trading
Policy to Promote Market-Based Mechanisms for Improving Water Quality. Specifically, EPA requests comment on
one of the principles outlined in the memo which states that EPA “encourages
simplicity and flexibility in implementing baseline concepts.” The memo asks stakeholders to consider
the best way to apply the load allocation baseline in order to improve water
quality. Under the Clean Water Act,
facilities experiencing increased costs due to pollution control or seeking to
comply with a pollutant discharge permit may buy
“environmentally equivalent (or superior) pollution reductions” from other
entities to satisfy regulations. EPA stated that it will hold a public meeting
regarding water quality trading and other market-based programs to improve
water quality and that it will be accepting comments at https://www.regulations.gov (Docket ID no. EPA-HQ-OW-2019-0415).
Agricultural Labor: OSHA
Signs Alliance with Poultry Industry Participants
On September 4, 2019,
U.S. Department of Labor Occupational Safety and Health Administration (OSHA),
in conjunction with the U.S. Poultry & Egg Association, National Chicken
Council, and the National Turkey Federation, signed a two-year agreement creating a Poultry Industry Alliance. Announced on the same
day by the National Chicken Council and National Turkey Federation, the agreement consists of two main parts,
“Raising Awareness” and “Training and Education.” To raise awareness of
workplace hazards, the agreement focuses on developing new methods of
communication, participating in meetings, speaking at conferences or events,
and information sharing through materials or workshops. Under the
agreement, the participants will work to create training and education programs
to avoid workplace hazards and to promote safety and health.
Industrial Hemp/Cannabis: Court of Appeals Reverses Lower Court
Decision in Hemp Transportation Case On September 4, 2019, the U.S. Court of Appeals for the Ninth
Circuit reversed the lower court’s decision where it denied a Motion for a Preliminary Injunction in a case
involving hemp transportation (Big Sky Scientific LLC, v. Jan M. Bennetts,
Idaho State Police, et al., D.C. No. 1:19-cv-00040-REB). The Ninth
Circuit stated that there is an “ongoing state judicial proceeding,” and
therefore, the district court should have abstained from its decision.
The plaintiffs, Big Sky Scientific LLC (Big Sky) were stopped by authorities in
Idaho when transporting industrial hemp through the state from Oregon to
Colorado in January 2019. The industrial hemp was seized, and the driver
was arrested for marijuana trafficking. Big Sky argued that under the 2018 Farm
Bill “No State or Indian Tribe shall prohibit the transportation or shipment of
hemp…” (§10114(b)). Idaho, however, does not distinguish industrial hemp from
marijuana and argued that the 2018 Farm Bill does not apply in this case.
Idaho argued that the language in the 2018 Farm Bill relies on government
regulations which have not yet been promulgated.
Biofuels: Court of Appeals Holds that EPA Violated Endangered
Species Act for Renewable Fuel Program 2018 Standards On September 6, 2019, the U.S. Court of Appeals for the District
of Columbia Circuit remanded the 2018 Rule (82 FR 58486) promulgated by the Environmental Protection Agency (EPA) to
establish renewable fuel targets under the Renewable Fuel Program (Am. Fuel
& Petrochemical Mfrs. v. EPA, 2019 No. 17-1258). This case was
brought by various petitioners, some of whom argued that the fuel targets were
too high and others who argued that the targets were too low. According
to the court, only one challenge to the rule had merit. The court determined
that EPA did not meet its obligations under the Endangered Species Act by
failing to determine whether the 2018 Rule would affect endangered or
threatened species and critical habitat. In light of this, the court
remanded the case and directed EPA to make an effects determination in
compliance with the Endangered Species Act.
Antitrust: Chicken Processing Plant Workers Bring Class Action
Lawsuit Against Chicken Processors On August 30, 2019, a class action lawsuit was brought in the U.S. District Court for the
District of Maryland against chicken processors (Jien et al. v. Perdue
Farms, Inc. et al, Case No. 1:19-cv-2521). The defendant processors include Perdue Farms,
Inc; Tyson Foods, Inc; The Hillshire Brands Co.; Pilgrim’s Pride Corporation;
and others. The plaintiffs allege that senior executives of the defendant
processors met secretly to share data and fix wages and benefits for chicken
processing plant workers. According to the plaintiffs, these actions
constitute a conspiracy in violation of the Sherman Antitrust Act (15 U.S.C.
§1).
From
National Ag Law Experts:
Brigit Rollins, RINsanity:
Court Issues Decision on RFS Program Fuel Blender Designation (September 5, 2019)
Federal
Actions and Notices:
Agricultural Marketing
Service
Agricultural Research
Service
Environmental Protection
Agency
“Pesticide Experimental Use Permit; Receipt of
Application; Comment Request (93167-EUP-E)” (September 11, 2019)
“Pesticides; Interim Process for Evaluating
Potential Synergistic Effects of Pesticides During the Registration Process;
Notice of Availability and Request for Comments” (September 9, 2019)
Fish and Wildlife
Service
“Endangered and Threatened Wildlife and Plants;
90-Day Findings for Three Species” (September 6, 2019)
Food Safety and
Inspection Service
“Notice of Request To Renew an Approved
Information Collection: Specified Risk Materials” (September 9, 2019)
Rural Housing
Service
“Announcement of the Availability of Disaster
Relief Act 2019 Grant Funds for Community Facilities” (September 10, 2019)
Pennsylvania
Actions and Notices:
Department of
Environmental Protection
“The Clean Streams Law And The Federal Clean
Water Act: Applications For National Pollutant Discharge Elimination System
(NPDES) Permits And Water Quality Management (Wqm) Permits” (September 7, 2019)
Environmental Quality
Board
Penn
State Research:
“Ash Tree Species Likely Will Survive Emerald
Ash Borer Beetles, but Just Barely”—Penn State News (September 7, 2019)
“Livestock Disease Risk Tied to Herd Management
Style in Tanzania”—Penn
State News (September 3, 2019)
“Legislative
Committee Schedules Hearing on Sunday Hunting in Pennsylvania”—Penn Live (Sep. 9, 2019)
“How
the Trump Administration Limited the Scope of the USDA’s 2020 Dietary
Guidelines”—Washington Post (Aug.
30, 2019)
“US Dairy
Piles Pressure on Washington to Complete Japan Trade Deal”—DairyReporter.com (Aug. 21, 2019)
“America’s
Chicken Industry Accused of Conspiring to Keep Immigrant Wages Down”—Bloomberg (Sep. 3, 2019)
“Retaliatory
Tariffs Bite U.S. Farmers, Not the Importers”—Successful Farming (Sep. 4, 2019)
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