Avian Influenza: HPAI Confirmed at Thirteen Pennsylvania Commercial Poultry Operations Between April 15 through May 14, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed thirteen commercial poultry premise/flocks diagnosed with highly pathogenic avian influenza (HPAI) in Pennsylvania — 8 in Lancaster County and 5 in Berks County. All
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Agricultural Law Weekly Review—Week Ending April 15, 2022
Avian Influenza: USDA Confirms HPAI in Pennsylvania Commercial Layer FlockOn April 16, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) confirmed highly pathogenic avian influenza (HPAI) in a commercial layer premise in East Donegal Township, Lancaster County, Pennsylvania. The positive sample was taken on April 14, 2022, at a
Agricultural Law Weekly Review—Week Ending March 25, 2022
Animal Welfare: U.S. Supreme Court Will Hear Commerce Clause Challenge to California Prop 12On March 25, 2022, the U.S. Supreme Court, for the eighth time since January 7, 2022, considered the Writ of Certiorari filed by the National Pork Producer Council requesting the Court hear its appeal to overturn the Ninth Circuit Court of Appeals’
Agricultural Law Weekly Review—Week Ending March 18, 2022
Agricultural Law Weekly Review—Week Ending March 11, 2022
Avian Influenza: Detections Now in Sixteen StatesThe United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed highly pathogenic avian influenza (HPAI) detected in domestic poultry in the following states: Indiana—Feb. 8, 16, 23 (two separate premises) and 24 and Mar. 2 in commercial turkeys; Kentucky—Feb. 12 in commercial broiler
Agricultural Law Weekly Review—Week Ending February 4, 2022
Antitrust: Federal Court Finds Pennsylvania Mushroom Cooperative Not Entitled to Antitrust ProtectionOn January 26, 2022, the U.S. District Court for the Eastern District of Pennsylvania issued an order and opinion holding that the American Mushroom Cooperative (AMC), formerly named “Eastern Mushroom Marketing Cooperative” (EMMC), was not entitled to protection under the Capper-Volstead Act, which exempts
Agricultural Law Weekly Review—Week Ending January 21, 2022
Pesticides/Herbicides: ‘Pure’ Honey Label May Be Deceptive Due to Pesticide ResidueOn January 13, 2022, the U.S. District Court for the Eastern District of New York issued an order denying in part honey maker Sioux Honey Association Cooperative’s motion to dismiss a claim against it alleging deceptive business practices, false advertising, and unjust enrichment because the
Agricultural Law Weekly Review—Week Ending January 14, 2022
COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule 
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of
Agricultural Law Weekly Review – Week Ending January 7, 2022
Antitrust: White House Announces Plan to Increase Competition in Meat and Poultry Industries; USDA and DOJ Announce Joint Antitrust Initiative 
On January 3, 2022, the White House held a roundtable conference with Agriculture Secretary Tom Vilsack, Attorney General Merrick B. Garland, and several independent producers to discuss anticompetitive industry practices and announce the administration’s Action
Shale Law Weekly Review—Week of November 1, 2021
Pipelines: Delaware County Court of Common Pleas Orders the Public Release of Emails Between Middletown Township and Energy Transfer Concerning the Mariner East 2 Pipeline 
On October 15, 2021, the Delaware County Court of Common Pleas ordered Middletown Township to give residents of the Glen Riddle Station Apartments, located along the Mariner East 2 Pipeline,