Pesticides/Herbicides: Circuit Court Rules California’s Glyphosate Warning Requirement Violates First Amendment
On November 7, 2023, the U.S. Court of Appeals for the Ninth Circuit released an opinion holding California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate violated the First Amendment of the U.S. Constitution. National Association of Wheat Growers v. Bonta, No. 20-16758…

GHG Emissions: PA Commonwealth Court Finds State Membership in Carbon Emissions Trading Alliance Illegal
On Wednesday, November 1, 2023, the Commonwealth Court of Pennsylvania granted a request for declaratory and injunctive relief filed by numerous private companies and individuals in the fossil fuel industry acting as petitioners in a lawsuit against the Pennsylvania Department of…

Agricultural Labor: National Labor Relations Board Publishes Final Rule for New Joint Employer Status Test
On October 27, 2023, the National Labor Relations Board (NLRB) published in the Federal Register a final rule titled “Standards for Determining Joint Employer Status” (88 FR 73946), which replaces the previous 2020 rule (85 FR 11184…

Oil & Gas Leasing: Alaska Challenges DOI’s Cancellation of Leases in Alaska National Wildlife Refuge
On October 18, 2023, the Alaska Industrial Development and Export Authority (ADIEA), a public corporation owned by the State of Alaska, sued DOI for cancelling its leases in the Alaska National Wildlife Refuge (ANWR). Alaska Indus. Dev. & Export Auth.

Pipelines: 4th Circuit Court of Appeals Rules that Maryland Cannot Refuse Pipeline Construction on State Land
On Wednesday, October 11, 2023, the 4th Circuit Court of Appeals affirmed the district court’s decision to dismiss the State of Maryland’s case against Columbia Gas Transmission, LLC. Columbia Gas Transmission, LLC v. 0.12 Acres of Land, More or…

National Agricultural Policy: USDA Allocates $2.3 Billion in CCC Funds for Trade Promotion, Surplus Commodity Purchases
On October 24, 2023, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA will allocate $2.3 billion in Commodity Credit Corporation (CCC) funds for agricultural trade promotion and international food aid. According to the announcement, $1.3 billion…

Ag-Gag Statutes: Supreme Court Denies Petition to Decide Whether First Amendment Protects ‘Newsgathering Activities’ in Non-Public Farm Areas
On October 16, 2023, the U.S. Supreme Court denied a petition for a writ of certiorari for a case seeking reversal of the U.S. Court of Appeals for the Fourth Circuit’s decision upholding parts of North Carolina’s…