Register Now, Pay Later! 2025 Agricultural Law Symposium—September 18, 2025. In-person at Penn State Dickinson Law, University Park, Pa., 6 CLE credits available! Early Bird Pricing until Sept. 8!
Attorneys w/ CLE—$150, Non-CLE—$100 REGISTER NOW
Read the latest Agricultural Law in the Spotlight: The Status of Cell-Cultured Meat Regulations
Regulatory Policy: Pennsylvania Meat Processing Industry Hearing September 25, 2025 
On September 25, 2025, from 2:00–4:00pm, the U.S. Small Business Administration (SBA) Offices of Rural Affairs and National Ombudsman will hold a Meat Processing Industry Listening Session at the Lancaster Chamber of Commerce. Persons interested in attending may register by contacting Kennedy Smallwood at [email protected] or Jesse Rangle at [email protected].
Food Policy: Federal Court Grants Food Companies’ Motion to Dismiss in ‘Ultra-Processed Foods’ Challenge
On August 25, 2025, the U.S. District Court for the Eastern District of Pennsylvania issued a memorandum opinion granting dismissal in favor of Kraft Heinz Company, Inc. and several other large food manufacturers’ in a case alleging that the companies, in similar vein to “the tobacco industry’s techniques . . . have implemented addiction science techniques and predatory marketing campaigns to ensure that [“ultra-processed foods” (UPFs)] dominate the marketplace and concealed the health risks from consumers. Bryce Martinez v. Kraft Heinz Company, Inc., et al. No. 2:25-cv-00377. The plaintiff claimed that the companies’ products caused his Type 2 diabetes and non-alcoholic fatty liver disease, but the court determined that, while the plaintiff’s complaint “overview[s] the troubling science behind the production and marketing of UPFs,” “there are simply not enough facts to suggest that Defendants’ products caused Plaintiff’s harm.” The court stated, “Plaintiff does not allege how often he consumed Defendants’ products, in what amounts, or when,” nor “does he allege when he ate Defendants’ products in relation to when he received his diagnoses or even began experiencing symptoms.” The court then granted the companies’ motion to dismiss with prejudice.
International Trade: Federal Circuit Finds Tariffs Not Authorized Under International Emergency Economic Powers Act
On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit issued a 7-4 opinion affirming the Court of International Trade’s May 28 decision, which “set[] aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, [and] h[eld] that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA).” V.O.S. Selections, Inc. v. Trump, No. 25-1812 (Ct. Int’l Trade, No. 1:25-cv-00066). According to the opinion, the court “agree[s] that IEEPA’s grant of presidential authority to ‘regulate’ imports does not authorize the tariffs imposed by the Executive Orders.” The case will likely be appealed to the U.S. Supreme Court.
Packers and Stockyards Act: Trump Issues Executive Order Revoking 2021 ‘Competition in American Economy’ EO
On August 13, 2025, President Donald Trump issued an executive order (EO 14337) revoking President Joe Biden’s July 9, 2021 executive order, “Promoting Competition in the American Economy” (EO 14036), which directed the U.S. Department of Agriculture (USDA) Secretary to take actions to “address the unfair treatment of farmers and improve conditions of competition in the markets for their products.” Among others, two final rules addressing the Packers and Stockyards Act cite the 2021 executive order, now revoked: “Inclusive Competition and Market Integrity Under the Packers and Stockyards Act” (89 FR 16092), issued March 6, 2024, and “Transparency in Poultry Grower Contracting and Tournaments” (88 FR 83210), issued November 28, 2023. See also ALWR—Mar. 11, 2024,“USDA Publishes Final Rule Prohibiting Discrimination, Retaliation Under PSA” and ALWR—Dec. 4, 2023, “USDA Publishes Poultry Grower Contracting Final Rule.”
Environmental Policy: USDA Proposes to Rescind 2001 Roadless Area Conservation Rule
On August 29, 2025, the U.S. Department of Agriculture (USDA) Forest Service published in the Federal Register a notice (90 FR 42179) to rescind the 2001 Roadless Area Conservation Rule (66 FR 3244), which “prohibits road construction, road reconstruction, and timber harvesting in inventoried roadless areas” “on approximately 44.7 million acres of National Forest System lands.” Announced by USDA on June 23, 2025, USDA states that rescinding the rule “is intended to return decision making for road construction, road reconstruction, and timber harvesting in inventoried roadless areas to local officials, in conjunction with Forest-level land management planning,” while keeping certain state-specific rules from Idaho and Colorado intact. USDA is accepting comments on the proposed rescission until September 19, 2025 (FS-2025-0001-0001).
Avian Influenza: Canadian Federal Court of Appeal Allows HPAI ‘Stamping-Out Policy’ to Proceed
On August 21, 2025, Canada’s Federal Court of Appeal issued an opinion dismissing an ostrich farm’s appeal of an order directing the farm to “dispose of all the ostriches on its farm by February 1, 2025, after laboratory testing confirmed infection of two dead ostriches with the H5N1 strain of highly pathogenic avian influenza (HPAI).” Universal Ostrich Farms, Inc. v. Canadian Food Inspection Agency, 2025 FCA 147 (Can.). The court found that the Canadian Food Inspection Agency’s (CFIA) “Stamping-Out Policy” was reasonable because CFIA presented evidence showing that ostriches are susceptible to HPAI and can transmit the disease to other birds. Additionally, the court noted that, according to the World Organization for Animal Health (WOAH), stamping out is the “international standard for achieving domestic disease control for HPAI.”
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2025 Agricultural Law Symposium—September 18, 2025. In-person at Penn State Dickinson Law, Lewis Katz Building, University Park, Pa. This day-long symposium will offer 6 CLE credits to Pennsylvania-licensed attorneys. Early Bird Pricing until Aug. 29! Attorneys w/ CLE—$150, Non-CLE—$100, Students—$25 REGISTER NOW
Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
Sept. 26, 2025, Understanding the Basics of U.S. Grain Dealer Statutes
Oct. 24, 2025, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law
Nov. 21, 2025, Understanding the Basics of Cell Cultured Foods & Labeling Laws
Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application
Quarterly Dairy Legal Webinar Series. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:
Oct. 14, 2025, 3rd Quarter 2025 Quarterly Dairy Legal Webinar
Mid-Atlantic Ag & Resource Law Conference with WVU Extension—October 28–29, 2025. In-person at National Conservation Training Center, Shepherdstown, WV. Registration Available.
Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.
Register or Refer an Ag Business for AgWorks: Connecting Agricultural Businesses to Workforce Services and Training. From 2025 to 2027, the Penn State Center for Agricultural and Shale Law and Penn State Extension will collaborate with farms and agriculture-related businesses to strengthen the workforce system. AgWorks will provide 100 registered small- to medium-sized Pennsylvania farms and agribusinesses with no-cost training and consultation to ensure business sustainability.
Resources of Interest:
Southern Ag Today, The Labor-Technology Shift for Smaller Southeastern U.S. Specialty Crop Growers: Industry Insights, Tim Woods (Univ. Ken.) (August 29, 2025)
Ohio St. Univ. Ext. Farm Off. Blog, A Recent Change to FSA Program Payments is Good for Farmers, Robert Moore (August 29, 2025)
Univ. of Ill. Farm Policy News, USDA Considering ‘Bridge’ Assistance Payments for Farmers, Ryan Hanrahan (August 28, 2025)
Southern Ag Today, Why So Much Concern in the Countryside?, Bart Fischer (Tex A&M) and Joe Outlaw (Tex. A&M) (August 28, 2025)
Univ. of Ill. FarmDoc Daily, The Reconciliation Farm Bill: Top Five Most Problematic Changes to Farm Policy, #2, Jonathan Coppess (August 28, 2025)
Univ. Md. Risk Mgmt. Educ. Blog, A National Immigration Law Center Resource Provides Guidance for Employers, Serena Newton (August 27, 2025)
Nat’l Agric. Law Ctr., Federal Court Upholds Reporting Exemption for Livestock Emissions, Brigit Rollins (August 26, 2025)
Ohio St. Univ. Ext. Farm Off. Blog, State Budget Bill Includes Provision on Veterinary Telehealth, Ellen Essman (August 26, 2025)
Agric. Law & Tax’n Blog, Grain Storage Issues, Roger A. McEowen (August 25, 2025)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 35—August 30, 2025):
Department of Agriculture
55 Pa.B. 6286 Notice: “Program Requirements for the 2025-2026 Agriculture and Youth Organization Grant Program”
Department of Environmental Protection
55 Pa.B. 6291 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”
55 Pa.B. 6356 Notice: “Federal Consistency under the Coastal Zone Management Act; United States Army Corps of Engineers 2026 Nationwide Permit Reissuance”
55 Pa.B. 6357 Notice: “Sewage Advisory Committee Meeting Rescheduled”
Environmental Hearing Board
55 Pa.B. 6384 Notice: “Elliott Company, Inc. v. Department of Environmental Protection; EHB Doc. No. 2025-081-W”
55 Pa.B. 6384 Notice: “Laurel Aggregates of Delaware, LLC v. Department of Environmental Protection; EHB Doc. No. 2025-074-BP”
55 Pa.B. 6385 Notice: “The Municipal Authority of Westmoreland County v. Department of Environmental Protection; EHB Doc. No. 2025-069-W”
55 Pa.B. 6385 Notice: “Three Rivers Waterkeeper v. Department of Environmental Protection and Calgon Carbon Corporation, Permittee; EHB Doc. No. 2025-087-W”
PENNSYLVANIA LEGISLATURE
SB 980 “An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, providing for protection against PFAS chemicals and for firefighting protective equipment; in grants to fire companies and emergency medical services companies, further providing for award of grants; and imposing penalties.” Referred to Veterans Affairs & Emergency Preparedness [Senate] (August 25, 2025)
SB 983 “An Act providing for commercial/industrial rooftop solar generation; establishing the Commercial/Industrial Rooftop Solar Program; and promulgating regulations.” Referred to Consumer Protection & Professional Licensure [Senate] (August 27, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA Administrator Zeldin Visits Wyoming, Announces WY CCR Proposed Approval, Visits Data Center, Tours Mine Site (August 29, 2025)
In Ceremony with Wyoming Governor, EPA proposes approval of Wyoming coal residuals permit program (August 28, 2025)
EPA and US IBWC Announce Major Milestone in Delivering 100% Solution to the Tijuana River Sewage Crisis (August 28, 2025)
EPA announces $1.7M for transboundary watershed grants (August 27, 2025)
Statement from EPA, DEQ, and LDH Regarding Environmental Safety Following Smitty’s Supply Facility Fire (August 27, 2025)
EPA selects new site for Lower CDA Basin cleanup waste (August 27, 2025)
EPA Takes Action to Deny California’s Latest Illegal Power Grab on Heavy-Duty Vehicles (August 25, 2025)
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
USDA Expands Efforts to Strengthen Rural Food Animal Veterinary Workforce and Protect America’s Food Supply (August 28, 2025)
Secretary Rollins Opens Next Step in the Roadless Rule Rescission (August 27, 2025)
HHS and USDA Confirm Singular Traveler-Associated New World Screwworm Case; Precautionary and Proactive Surveillance Ongoing (August 26, 2025)
USDA AGENCY PRESS RELEASES
Agricultural Marketing Service
USDA Announces Designations to Provide Official Services Under the U.S. Grain Standards Act (August 27, 2025)
USDA Announces Approved Instruments for Beef Grading (August 22, 2025)
Agricultural Research Service
A Tomato Line That’s Ripe for the Picking (August 28, 2025)
Animal and Plant Inspection Service
USDA Expands Efforts to Strengthen Rural Food Animal Veterinary Workforce and Protect America’s Food Supply (August 28, 2025)
HHS and USDA Confirm Singular Traveler-Associated New World Screwworm Case; Precautionary and Proactive Surveillance Ongoing (August 26, 2025)
Farm Service Agency
USDA Designates York County, Pennsylvania as Natural Disaster Area for Excessive Heat and Drought (August 28, 2025)
USDA Designates 2 Pennsylvania Counties as Natural Disaster Areas for Excessive Heat and Drought (August 28, 2025)
USDA Designates Columbia County, Pennsylvania as Natural Disaster Area for Drought (August 28, 2025)
Using the Farm Storage Facility Loan Program to Expand On-Farm Storage (August 27, 2025)
Food Safety and Inspection Service
Residue Repeat Violators List (August 28, 2025)
National Agricultural Statistics Service
NASS discontinues select data collection programs and reports (August 28, 2025)
Natural Resources Conservation Service
USDA Offers Disaster Assistance to Agricultural Producers in Colorado Impacted by Wildfire (August 28, 2025)
Efforts for 2025 Conservation Effects Assessment Project Survey of Cultivated Cropland Operations Now Underway (August 27, 2025)
NRCS-NJ offers Air Quality Initiative with its 2026 Environmental Quality Incentive Program (EQIP) and Conservation Stewardship Program (CSP) (August 25, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register: August 25–29, 2025):
Agricultural Marketing Service
90 FR 41807 Notice: “U.S. Grain Standards Act Designation Award Notice” (August 27, 2025)
90 FR 41761 Final rule: “Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Increased Assessment Rate” (August 27, 2025)
Department of Justice
90 FR 42269 Notice: “Notice of Lodging of Proposed Modification of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)” (August 29, 2025)
Environmental Protection Agency
90 FR 42243 Notice: “Environmental Impact Statements; Notice of Availability” (August 29, 2025)
90 FR 41938 Proposed rule: “Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants; State of Connecticut Department of Energy and Environmental Protection; Approval of the Clean Air Act Section 502, State Operating Permit Programs, State of Connecticut Department of Energy and Environmental Protection” (August 28, 2025)
90 FR 41931 Proposed rule: “Air Plan Approval; Pennsylvania; Motor Vehicle Inspection and Maintenance Program Certification for Moderate Nonattainment Under the 2015 Ozone National Ambient Air Quality Standards” (August 28, 2025)
90 FR 42006 Notice of proposed consent decree; request for public comment: “Proposed Consent Decree, Clean Air Act Citizen Suit” (August 28, 2025)
90 FR 42007 Notice: “Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Focus Groups as Used by EPA for Economics Projects (Renewal)” (August 28, 2025)
90 FR 42008 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Labeling Requirements for Certain Minimum Risk Pesticides Under FIFRA Section 25(b) (Renewal)” (August 28, 2025)
90 FR 41829 Decision on petitions: “Notice of August 2025 Decisions on Petitions for Small Refinery Exemptions Under the Renewable Fuel Standard Program” (August 27, 2025)
90 FR 41790 Rule: “State, Tribal, and EPA-Administered Underground Injection Control Programs” (August 27, 2025)
90 FR 41831 Notice: “Pesticide Experimental Use Permit; Receipt of Application; Comment Request (May 2025)” (August 27, 2025)
90 FR 41508 Interim final rule; request for comment: “Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery” (August 26, 2025)
90 FR 41676 Final rule: “Phasedown of Hydrofluorocarbons: Review and Renewal of Eligibility for Application-Specific Allowances” (August 26, 2025)
Farm Service Agency
90 FR 42179 Notice; request for comments: “Information Collection Request; Food Safety Certification for Specialty Crops (FSCSC) Program” (August 29, 2025)
Federal Crop Insurance Corporation
90 FR 41761 Final rule: “Removal of Obsolete Regulations for Crop Insurance Provisions” (august 27, 2025)
Food and Drug Administration
90 FR 42014 Notice: “Chemistry, Manufacturing, and Controls Development and Readiness Pilot Program; Program Announcement” (August 28, 2025)
90 FR 41572 Notice: “Determination That Four Heparin Sodium in Sodium Chloride in Plastic Container (Heparin Sodium) Drug Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness” (August 26, 2025)
90 FR 41579 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Generally Recognized as Safe (GRAS): Notifications and Convening Panels” (August 26, 2025)
Food and Nutrition Service
90 FR 41543 Notice: “Agency Information Collection Activities: Generic Clearance for the Development of Nutrition Education Messages and Products for the General Public (Generic Clearance to Conduct Formative Research/CNPP)” (August 26, 2025)
Natural Resources Conservation Service
90 FR 41545 Notice of public and virtual meetings: “Urban Agriculture and Innovative Production Advisory Committee Meeting” (August 26, 2025)
U.S. HOUSE AGRICULTURE COMMITTEE
H.R.5059 “Specialty Crop Domestic Market Promotion and Development Program Act of 2025” Referred to the House Committee on Agriculture (August 26, 2025)
H.R.5055 “Increasing Nutrition Access for Seniors Act of 2025” Referred to the House Committee on Agriculture (August 26, 2025)
H.R.5043 “Bringing Benefits Back Act of 2025” Referred to the Committees on Ways and Means, Energy and Commerce, and Agriculture (August 26, 2025)
H.R.5038 “American Protein Processing Modernization Act” Referred to the House Committee on Agriculture (August 26, 2025)
H.R.5037 “Middle Mile for Rural America Act” Referred to the Committees on Agriculture and Energy and Commerce (August 26, 2025)
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY
None.
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY—UPCOMING HEARINGS
None.
Contributors:
Audry Thompson—Staff Attorney
Christina Fraser—Research Assistant
Riley Amdor—Research Assistant
