Pesticides/Herbicides: EPA Publishes 2021 Dicamba Report and Addresses 2020 Growing Season 
On December 21, 2021, the U.S. Environmental Protection Agency (EPA) published a report titled “Status of Over-the-Top Dicamba: Summary of 2021 Usage, Incidents and Consequences of Off-Target Movement, and Impacts of Stakeholder-Suggested Mitigations.” The report is published to a “nonrulemaking docket” at
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Agricultural Law Weekly Review – Week ending December 3, 2021
Pesticides/Herbicides: EPA Publishes Pesticide Registration Review Schedule Through 2025On December 2, 2021, the U.S. Environmental Protection Agency (EPA) announced the agency’s pesticide registration review schedule through fiscal year 2025, which the agency states it will now update quarterly rather than annually, the agency’s historical precedent. Although the 2007 amendments to the Federal Insecticide Fungicide, and
Agricultural Law Weekly Review – Week Ending November 26, 2021
Ag-Gag Statutes: Kansas Files for Supreme Court Review of its ‘Ag-Gag’ LawOn November 17, 2021, Kansas Governor Laura Kelly and Kansas Attorney General Derek Schmidt filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the U.S. Court of Appeals for the Tenth Circuit’s August 2021 decision that: (1) portions
Agricultural Law Weekly Review – Week Ending November 19, 2021
COVID-19: Federal Courts Affirm Stay and Consolidate Cases Challenging OSHA’s Vaccination and Testing Emergency Temporary Standard 
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an opinion reaffirming the court’s November 6, 2021 temporary stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5,
Agricultural Law Weekly Review – Week Ending November 12, 2021
Food Policy: Glasgow Climate Change Summit Includes Food Systems Initiatives 
On November 13, 2021, the United Nations Climate Change Conference of the Parties (COP26) in Glasgow, Scotland concluded. Among the notable agricultural-related developments was the Glasgow Food and Climate Declaration, a declaration seeking all levels of government entities to become signatories and work in
Agricultural Law Weekly Review – Week ending November 5, 2021
COVID 19: OSHA Vaccination Mandate Issued and Immediately Stayed by Federal Court 
On November 5, 2021, the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) published in the Federal Register, “COVID-19 Vaccination and Testing; Emergency Temporary Standard (86 FR 61402), an interim final rule that consists of an emergency
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated
Agricultural Law Weekly Review – Week Ending October 22, 2021
Animal Welfare: Federal Court Refuses to Dismiss Suit to Compel USDA Regulations on Poultry Processing Plant Animal Handling 
On October 13, 2021, the U.S. District Court for the Western District of New York issued a decision refusing to dismiss two animal welfare organizations’ lawsuit filed against the U.S. Department of Agriculture (USDA) for refusing to
Agricultural Law Weekly Review – Week Ending October 15, 2021
WOTUS: EPA and Department of the Army Announce Call for Stakeholder Roundtable Nominations 
On October 13, 2021, the U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (Army) announced that they are seeking nominations for ten regional roundtables, two in each of five defined U.S. geographic regions (Northeast, Southeast, Midwest, West, and
Agricultural Law Weekly Review – Week Ending October 8, 2021
Biofuels: Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur 
On October 7, 2021, biofuel advocacy group Growth Energy filed a petition for writ of certiorari in the U.S. Supreme Court, asking the court to review the U.S. Court of Appeals for the District of Columbia Circuit’s July 2021 vacatur of the