Webinar Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application

WOTUS: EPA, Army Corps Publish New ‘Waters of the United States’ Definition 🌾
On November 20, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (90 FR 52498) to update the definition of “waters of the United States,” redefining the “scope of waters federally covered under . . . the Clean Water Act [CWA], in light of the U.S. Supreme Court’s 2023 decision in Sackett v. EPA,” which held that the CWA covers “relatively permanent bodies of water connected to traditional navigable waters and wetlands with a continuous surface connection to those waters so that there is no clear demarcation between waters and wetlands.” The new proposed rule would define “relatively permanent” to mean “standing or continuously flowing year-round or at least during the wet season” and would not include “ephemeral waters (i.e., those with surface water flowing or standing only in direct response to precipitation, rain or snow fall) . . . because they are not relatively permanent.” The rule would also define “continuous surface connection” to mean “having surface water at least during the wet season and abutting (i.e., touching) a jurisdictional water,” providing a “two-prong test that requires both (1) abutment of a jurisdictional water; and (2) having surface water at least during the wet season.” The proposed rule is open for public comment until January 5, 2026 (EPA-HQ-OW-2025-0322). See also the Center’s Waters of the United States Virtual Resource Room and Issue Tracker.

International Trade: President Issues Executive Order Repealing Tariffs on Certain Agricultural Products
On November 14, 2025, U.S. President Donald Trump issued an executive order titled “Modifying the Scope of the Reciprocal Tariff with Respect to Certain Agricultural Products,” including an Annex and an accompanying fact sheet (PDF). According to the documents, “certain food not grown in the United States” will no longer be subject to the tariffs issued under Executive Order 14257 of April 2, 2025, including “coffee and tea,” “tropical fruits and fruit juices,” “cocoa and spices,” “bananas, oranges, and tomatoes,” “beef,” and “additional fertilizers.” According to the executive order, “[t]he modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 13, 2025.” Additionally, the order allows for “refunds of duties collected.” The executive order has not yet been published in the Federal Register.

Nutrition Programs: ‘Whole Milk for Healthy Kids Act of 2025’ Passes Senate, Proceeds to House
On November 20, 2025, the U.S. Senate passed and transmitted to the U.S. House of Representatives S.222, titled the “Whole Milk for Healthy Kids Act of 2025.” If enacted, the law would exclude fluid milk from the saturated fat calculations of the National School Lunch Program, allowing participating schools to offer students organic or nonorganic “whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk.” Current U.S. Department of Agriculture (USDA) regulations permit flavored and unflavored milk but only allow fat-free or low-fat options. Additionally, the law would allow a parent or legal guardian to provide a written statement to justify a student’s need for a fluid milk substitute due to a disability-restricted diet. Currently, the law only allows such statements from a licensed physician. The bill has now been transmitted for consideration in the House, which introduced a nearly identical bill in January 2025: H.R. 649, “Whole Milk for Healthy Kids Act of 2025.”

Dairy Policy: USDA Secretary Discusses Federal Dairy Priorities at National Milk Producer’s Federation Meeting
On November 11, 2025, the National Milk Producer’s Federation (NMPF) issued a press release (PDF) outlining U.S. Department of Agriculture (USDA) Secretary Rollins’s remarks at NMPF’s annual meeting regarding USDA’s dairy priorities: (1) “incentivizing dairy consumption through changes to the Dietary Guidelines for Americans, expected in December or early January,” (2) “working to drive down input costs,” (3) “facilitating investments in American milk processing,” and (4) “expanding markets to help milk producers prosper.” Additionally, the Secretary “pledg[ed] to seek federal changes to rules and regulations in coordination with the departments of Labor and Homeland Security” regarding “farm-labor issues.”

Food Policy: American Bakers Association Announces ‘Baked Goods FD&C Colors Pledge’
On November 7, 2025, the American Bakers Association (ABA) issued a press release (PDF) announcing its new “Baked Goods FD&C Colors Pledge,” “a voluntary industry commitment to eliminate certified FD&C colors from baked goods across the United States.” ABA states that its new initiative “builds on the momentum begun by ABA’s August 2025 “Baked Goods in Schools Pledge,” a voluntary commitment to removing certified FD&C colors from baked goods served in K-12 schools by the start of the 2026-27 school year.” According to the announcement, “[m]ore than 90% of ABA member companies have already committed to eliminating certified FD&C colors by December 31, 2028.” See also ALWR—Apr. 29, 2025, “FDA Announces Measures to Eliminate Food Dyes, IDFA Announces Pledge to Remove Dyes from School Lunch Dairy Products.” 

 

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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:

Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application

Jan. 23, 2026, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law

Feb. 27, 2026, Understanding the Basics of the USDA National Appeals Division

Mar. 27, 2026, Understanding the Basics of Right to Farm Laws

Apr. 24, 2026, Understanding the Basics of the Renewable Fuel Standard

May 22, 2026, Understanding the Basics of the PA Preferred Program

Jun 26, 2026, Understanding the Basics of Agricultural Vehicle Regulation

July 24, 2026, Understanding the Basics of International Agricultural Trade & Tariffs

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:

Jan. 27, 2026, 4th Quarter 2025 Quarterly Dairy Legal Webinar

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. As part of the AgWorks program, the Center for Agricultural and Shale Law will present 20+ employment law programs. Upcoming AgWorks webinars and workshops:

Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.

Pennsylvania Farm Bureau Legal Services Plan: “A new member-benefit program involving law firms that specialize in legal areas commonly utilized by farmers.”

Resources of Interest:

Penn State University, Skin cancer cluster found in 15 Pennsylvania counties with or near farmland, Adrienne Berard (November 14, 2025)

Nat’l Agric. Law Ctr., Overview of Recent Ag Trade Announcements, Will Scobey (November 20, 2025)

Univ. of Ill. Farm Policy News, Only Half of US Farmers to Be Profitable in 2025, Ag Lenders Say, Ryan Hanrahan (November 20, 2025)

Southern Ag Today, Disaster Assistance for 2025: Is it Coming or Not?, Bart Fischer (Tex. A&M Univ.) & Joe Outlaw (Tex. A&M Univ.) (November 20, 2025)

Univ. of Ill. Farm Policy News, Farmer Tariff Aid Shrinking After Trade Deals? , Ryan Hanrahan (November 19, 2025)

Southern Ag Today, November 2025 WASDE Report is Relatively Quiet Despite Surprises in Production and Exports, H. Scott Stiles (Univ. Ark.) (November 19, 2025)

Univ. of Ill. Farmdoc Daily, Projected ARC and PLC Payments for 2025, Nick Paulson, Henrique Monaco, Gary Schnitkey, and Jonathan Coppess (November 18, 2025)

Nat’l Agric. Law Ctr., Food Foundations: Regulation of Eggs, Emily Stone (November 18, 2025)

Tex. A&M Agric. Law Blog, Consider the Risks When Taking a Residual Fertility Deduction, Tiffany Dowell Lashmet (November 17, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

The Department of Agriculture Announces that Dog License Purchases for 2026 Will Be Available in December and Urges All Pet Owners to License Their Dogs (November 20, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 47—November 22, 2025):         

Department of Environmental Protection

55 Pa.B. 8019 Notice: “2025 Pennsylvania Freight Innovations in Transportation Grant; Extension of Funding Opportunity”

55 Pa.B. 8019 Notice: “Availability of Technical Guidance”

55 Pa.B. 8020 Notice: “Climate Change Advisory Committee; Subcommittee Meetings”

55 Pa.B. 8021 Notice: “Federal Consistency under the Coastal Zone Management Act; Eco Energy Pier 124 Maintenance Dredging”

PENNSYLVANIA LEGISLATURE

HB 1768 “An Act establishing the Local Food Purchasing Incentive Grant Program, the Keystone Producer Grant Program, the Keystone Assistance Grant Program and the Keystone Fresh Farm to School Account; and imposing duties on the Department of Education and the Department of Agriculture.” Remarks see House Journal Page [House] (November 19, 2025)

HB 1713 “An Act amending the act of May 19, 1995 (P.L.33, No.3), known as the Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act, further providing for definitions.” Remarks see House Journal Page [House] (November 19, 2025)

HB 879 “An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, providing for concurrent jurisdiction to prosecute.” Removed from table [House] (November 17, 2025)

HR 327 “A Resolution directing the Joint State Government Commission to conduct a study evaluating the feasibility of a multifaceted approach to decreasing food waste given this Commonwealth’s current infrastructure.” Reported as committed [House] (November 17, 2025)

HB 2034 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for mushroom farming; imposing duties on the Department of Agriculture; and establishing the Mushroom Farming and Composting Fund.” Laid on the table [House] (November 17, 2025)

HB 1741 “An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in Agriculture Conservation Assistance Program, further providing for definitions and for powers, duties and administration.” Laid on the table [House] (November 17, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Announces $7 Billion in Newly Available WIFIA Funding and Five New WIFIA Loan Approvals (November 20, 2025)

EPA Fulfills Statutory Obligation, Completes Reviews at Ten Massachusetts Superfund Sites  (November 19, 2025)

EPA Fulfills Statutory Obligation, Completes Reviews at Four Rhode Island Superfund Sites (November 19, 2025)

EPA Takes Action Against Apple for Inadequate Hazardous Waste Management (November 18, 2025)

EPA & Army Corps Unveil Clear, Durable WOTUS Proposal (November 17, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Issues Guidance to Protect Religious Expression in the Federal Workplace (November 20, 2025)

Trump Administration Delivers Second Stage of Crop Disaster Assistance for Farmers (November 17, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

AMS Seeks Input on Opening the United States Standards for Rough Rice, Brown Rice and Milled Rice for Public Comment (November 20, 2025)

Mango Industry Votes to Continue Research and Promotion Program (November 20, 2025)

USDA Proposes Rule to Establish Free and Restricted Percentages of Tart Cherries for the 2024-25 Crop Year (November 18, 2025)

USDA Revises the Grade Standards for Orange Juice (November 18, 2025)

Farm Service Agency

Trump Administration Delivers Second Stage of Crop Disaster Assistance for Farmers (November 17, 2025)

Foreign Agricultural Service

Export Sales to China (November 20, 2025)

Export Sales to China (November 19, 2025)

Export Sales to China (November 18, 2025)

National Agricultural Statistics Service

USDA Reschedules Reports Affected by Lapse in Federal Funding (November 19, 2025)

National Institute of Food and Agriculture

NIFA Invests in $6.4M in Organic Transitions Grants (November 19, 2025)

NIFA Invests $3.7M in Alfalfa Seed and Alfalfa Forage Systems (November 19, 2025)

NIFA Invests More than $980,000 in Pilot Extension Projects at Tribal Colleges and Universities (November 19, 2025)

NIFA Invests $1.8M in Supplemental and Alternative Crops (November 19, 2025)

NIFA Invests $3.7M in Potato Breeding Research (November 19, 2025)

NIFA Funds $1.7M to Support Aquaculture Research (November 19, 2025)

NIFA Awards $45M to Support Sustainable Agriculture Research and Education (November 19, 2025)

NIFA Announces NIFA Announces Food and Agriculture Service-Learning Program Grant Recipients Grant Recipients (November 19, 2025)

NIFA Invests Nearly $1M in Open Data Framework (November 19, 2025)

NIFA Invests $6.8M to Support Novel Foods and Innovative Manufacturing Projects (November 19, 2025)

NIFA Awards $4.4M to Help Safeguard Food Supply (November 19, 2025)

NIFA Invests $1.8M in Agricultural Genome to Phenome Initiative (November 19, 2025)

NIFA Invests $3.3M to Help Mitigate Antimicrobial Resistance Across the Food Chain (November 19, 2025)

NIFA Invests $3.8M in Veterinary Services Grant Program (November 19, 2025)

Natural Resources Conservation Service

Riparian Buffers Guard Streams, Provides Healthy Waterways for People, Cattle and Wildlife (November 20, 2025)

NRCS Wisconsin and DNR Announce Wetland Mitigation Program for Farmers (November 18, 2025)

Rural Development

Secretary Rollins Announces Availability of $7 million for Advanced Biofuel Production (November 21, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: November 17–21, 2025):

Agriculture Department

90 FR 52354 Comment request: “Submission for OMB Review; Comment Request” (November 20, 2025)

Agricultural Marketing Service

90 FR 51572 Proposed rule: “Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2024-25 Crop Year” (November 18, 2025)

90 FR 51637 Interim final notice: “United States Standards for Grades of Orange Juice” (November 18, 2025)

90 FR 51636 Notice; request for comments: “United States Standards for Rice” (November 18, 2025)

Environmental Protection Agency

90 FR 52660 Notice: “Environmental Impact Statements; Notice of Availability” (November 21, 2025)

90 FR 52387 Notice of annual adjustment factors: “Acid Rain Program: Excess Emissions Penalty Inflation Adjustments” (November 20, 2025)

90 FR 52256 Final rule: “Isocycloseram; Pesticide Tolerances” (November 20, 2025)

90 FR 52498 Proposed rule: “Updated Definition of ‘Waters of the United States’” (November 20, 2025)

90 FR 52388 Notice: “Pesticides; Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and/or Amend Registrations To Terminate Certain Uses With a 30-Day Comment Period (September 2025)” (November 20, 2025)

90 FR 51746 Notice: “Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Agricultural Worker Protection Standard Training, Notification, and Recordkeeping” (November 18, 2025)

90 FR 51748 Notice: “Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Certification of Pesticide Applicators” (November 18, 2025)

90 FR 51745 Notice of receipt and request for comment: “Pesticide Product Registration; Receipt of Applications for New Uses (August 2025)” (November 18, 2025)

90 FR 51752 Notice: “Pesticide Registration Review; Decisions and Case Closures for Several Pesticides; Notice of Availability” (November 18, 2025)

90 FR 51123 Final rule: “Castor Oil, Polymer With 2-Ethylhexanol, Maleic Anhydride and Soybean Oil, Sodium Salt in Pesticide Formulations: Tolerance Exemption” (November 17, 2025)

90 FR 51127 Final rule: “Various Fragrance Components in Pesticide Formulations; Exemption From the Requirement for a Tolerance” (November 17, 2025)

Farm Service Agency

90 FR 52231 Final rule; notice of approval of Information Collection Request (ICR): “Agricultural Disaster Indemnity Programs; Approval of Information Collection Request” (November 20, 2025)

90 FR 52252 Final rule: “Glufosinate; Pesticide Tolerances” (November 20, 2025)

90 FR 51956 Final rule: “Agricultural Disaster Indemnity Programs” (November 18, 2025)

90 FR 52383 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Renewable Fuel Standard (RFS) Program: RFS Annual Rules (Renewal)” (November 20, 2025)

Food and Drug Administration

90 FR 52681 Notice of availability: “Product-Specific Guidances; Draft and Revised Draft Guidances for Industry; Availability” (November 21, 2025)

Food Safety and Inspection Service

90 FR 51638 Notice and request for comments: “Notice of Request To Reinstate a Previously Approved Information Collection: Overtime and Holiday Inspection Fees for Small and Very Small Establishments” (November 18, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.6209 “To repeal section 781 of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, relating to amendments to the Agricultural Marketing Act of 1946, with respect to hemp.” Referred to the House Committee on Agriculture (November 20, 2025)

H.R.6192 “To require the Secretary of Agriculture to publish a report on the fertilizer industry, and for other purposes.” Referred to the House Committee on Agriculture (November 20, 2025)

H.R.6169 “Fair Credit for Farmers Act” Referred to the House Committee on Agriculture (November 20, 2025)

H.R.6154 “To provide for the establishment of regional wildland fire research centers, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (November 19, 2025)

H.R.6143 “To leverage incentives for the adoption of precision agriculture technology, and for other purposes.” Referred to the House Committee on Agriculture (November 19, 2025)

H.R.6135 “To amend the Food and Nutrition Act of 2008 to increase food access for recipients of supplemental nutrition assistance program benefits by permitting the use of bene- fits to pay the related cost of food delivery services.” Referred to the House Committee on Agriculture (November 19, 2025)

H.R.6061 “To prohibit the use of the Exchange Stabilization Fund of the Department of the Treasury to bail out Argentina’s financial markets, and to instead use that funding to provide for a farmer tariff relief package.” Sponsor introductory remarks on measure (November 19, 2025)

H.R.6094 “To direct the establishment of a public-private wildfire technology deployment and demonstration partnership, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (November 19, 2025)

H.R.6093 “To expand eligibility for certain United States Department of Agriculture programs to include agricultural cooperatives with fewer than 2,500 employees, and for other purposes.” Referred to the House Committee on Agriculture (November 18, 2025)

H.R.6088 “To repeal certain provisions relating to nutrition.” Referred to the House Committee on Agriculture (November 18, 2025)

H.R.1681 “Expediting Federal Broadband Deployment Reviews Act” Forwarded by Subcommittee to Full Committee by Voice Vote (November 18, 2025)

H.R.1665 “DIGITAL Applications Act” Forwarded by Subcommittee to Full Committee by Voice Vote (November 18, 2025)

H.R.1588 “Facilitating DIGITAL Applications Act” Forwarded by Subcommittee to Full Committee by Voice Vote (November 18, 2025)

H.R.6070 “To amend the Rural Electrification Act of 1936 to reauthorize the Community Connect Grant Program, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (November 17, 2025)

H.R.6063 “Designating the Guam and Western Pacific USDA Rural Development Office Act” Referred to the House Committee on Agriculture (November 17, 2025)

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY 

S.3281 “A bill to repeal certain provisions relating to nutrition.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 20, 2025)

S.3240 “A bill to amend the Food and Nutrition Act of 2008 to reform the restaurant meals program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 20, 2025)

S.3236 “A bill to amend the Food and Nutrition Act of 2008 to ensure Tribal consultation and representation under the food distribution program on Indian reservations, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 20, 2025)

S.222 “Whole Milk for Healthy Kids Act of 2025” Held at the desk (November 20, 2025)

S.3183 “A bill to direct the Secretary of Agriculture to improve safety standards for wildland firefighters, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 18, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE—UPCOMING HEARINGS

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