Written by:
M. Sean High (Staff Attorney) and Deanna Smith
(Research Assistant)
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
Publication Note: The
Agricultural Law Weekly Review will not be published during the holiday week of
December 24-28. The next scheduled publication date will be January 3,
2019.
Right
to Farm Laws: Judge Denies Punitive Damages in Latest Hog Farm Nuisance Lawsuit
On December 13, 2018, The News & Observer reported
that a federal district judge has denied punitive damages sought against hog
producer Murphy-Brown, LLC regarding nuisance litigation in North
Carolina. This lawsuit centers around
Sholar Farms, a swine operation in Sampson County, North Carolina, and eight
neighbors who alleged that the operation created a nuisance due to foul odors
and excessive noise. The jury found in
favor of the plaintiff’s and awarded between $100 and $75,000 in compensation
for the harm of living near the hog farm.
While the plaintiff’s counsel further argued for punitive damages,
presiding judge David Faber determined there was not enough evidence in this
case to pursue the additional damages.
National
Agricultural Policy: USDA’s New Program for High Speed Internet in Rural
America
On Thursday, December 13, 2018, Secretary of
Agriculture Sonny Perdue announced
that the U.S. Department of Agriculture (USDA) is offering internet service
providers, telecommunications companies, municipalities, rural electric
cooperatives and utilities, up to $600 million in loans and grants to help
build high speed broadband infrastructure throughout rural America. Secretary Perdue stated that “high speed
internet e-Connectivity is a necessity, not an amenity, vital for the quality
of life and economic opportunity.” Approximately $200M of the funds will be
allocated for grants, $200M for loan and grant combinations, and $200M for
low-interest loans. For more information
on application deadlines see page 64315 of the December 14, 2018 Federal
Register. This funding
can be applied for through the USDA’s
new ReConnect Program and is administered primarily under the
USDA’s Rural Development Agency.
Water Quality: Ohio Legislative Committee
Rejects Revisions to State’s Watershed Rule
On December 10, 2018, an
Ohio legislative committee voted to send watershed rule revisions back to the
state’s department of agriculture for further consideration. Known as the “watersheds in distress” rules,
the revisions are an attempt by the Ohio Department of Agriculture (ODA) to deal
with issues related to nutrient management and water quality. The legislative committee, called the Joint
Committee on Agency Rule Review, determined by a vote of 8 – 1 that ODA should
revise and refile the rules for when the committee next meets on January 22,
2019. For a more in-depth analysis of
the ruling, please see Peggy Kirk Hall’s recent article entitled: “’Watersheds
in distress’ rules don’t clear the JCARR hurdle”
International Trade: USDA Announces Second
Round of Trade Mitigation Payments for Farmers
On December 17, 2018, the
U.S. Department of Agriculture (USDA) announced
a second round of trade mitigation payments for farmers adversely affected by
trade retaliation by foreign nations.
Accordingly, farmers that produce almonds, cotton, corn, milk, hogs,
soybeans, sorghum, fresh sweet cherries, and wheat will now be eligible to
receive Market Facilitation Program payments for the second half of their 2018
production. According to USDA Secretary
Sonny Perdue, payments are intended to help affected producers deal with
short-term cash flow issues. Interested producers can receive
more information at their local USDA Farm Service Agency office or visit www.farmers.gov.
Antibiotic Use: McDonald’s Announces New
Antibiotic Policy for Beef
On December 11, 2018,
McDonald’s announced a new policy intended to reduce antibiotics in the beef supplied to the
food company. According to McDonald’s, antibiotic
resistance poses a recognized threat to global health, food security, and development. As a result, the company hopes to cause a
reduction in the use of antibiotics in beef production through:
- Partnering with producers that supply beef in the company’s top 10
beef sourcing markets to measure and understand current antibiotic usage;
- By the end of 2020, establishing targets to reduce medically
important antibiotics in the company’s top 10 beef sourcing markets; and
- Beginning in 2022, reporting progress made in reducing antibiotic
usage in the company’s top 10 beef sourcing markets.
From
National Ag Law Experts:
“2018
Ag Law Year in Review”,
Tiffany Dowell Lashmet, Texas Agricultural Law Blog (December 17, 2018)
“Congress
Sends 2018 Farm Bill to President”, Kristine A. Tidgren, The
Ag Docket – Iowa State University Center for Agricultural Law and Taxation
(December 15, 2018)
“Ohio
Agricultural Law Blog--We bring you tidings of gifts and tax implications in
this season of giving”, Evin Bachelor, Ag Law Blog –
Agricultural Law & Taxation – Ohio State University Extension (December 7,
2018)
Pennsylvania
Actions and Notices:
Department of Environmental Protection
Pennsylvania
Department of Agriculture:
Penn
State Research:
“Research
team discovers oldest known plant virus at ancient settlement”
– Penn State News
“Increasing
riparian buffers to improve state's water quality”
– Penn State News
AgLaw HotLinks:
“Agriculture without glyphosate: The costs” – Delta Farm Press
“Farm bill allocates more funds for Chesapeake” – Morning AgClips
“Red meat once again in crosshairs as study links
high consumption with chemical associated with heart disease” – Food Navigator USA
“PA Farm Link could be your link to the future” – Morning AgClips
“The Agriculture Improvement Act of 2018: Initial
Review” – Illinois farmdocDaily
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