January 27, 2023 Weekly Round Up

The year started out with a bang and has not slowed down yet!  Here are some of the ag law stories in the news over the past couple of weeks.

*USFWS extends effective date for lesser prairie chicken listing.  The USFWS is delaying the effective date of the lesser prairie chicken listing for 60 days until March 27, 2023.  [Read article here.]

*APHIS proposes electronic identification rule for certain cattle crossing state lines.  The USDA Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would require electronic identification for certain cattle and bison crossing state lines.  The proposed rule has been published in the Federal Register and public comment is open through March 22, 2023.  [Read article here, and proposed rule here.]

*WOTUS Rule officially published; lawsuits filed.  The Biden WOTUS Rule that was previously announced on December 30, 2022 has been officially published in the Federal Register on January 18, 2023.  The effective date will be March 20, 2023.  Lawsuits have already been filed, including two in Texas federal court.  One was filed by a number of industry groups including several ag groups like Texas Farm Bureau, American Farm Bureau Federation and National Corn Producers.  Read Complaint here.  Another was filed by the State of Texas and a number of state agencies.  Read Complaint here.  I’m working on my summary blog post and will have that posted in the next couple of weeks.  In the meantime, Brigit Rollins at the National Agricultural Law Center posted a great summary here.

*Key considerations for 2022 tax returns published.  My friends at the Iowa State Center for Agricultural Law & Taxation published a great article with 10 key considerations for 2022 tax returns.  [Read article here.]

*USDA delays DEA-registered laboratory requirement for hemp testing to December 31, 2023.  The USDA has again extended the enforcement of a regulation requiring that all hemp must be tested at a DEA-registered laboratory until December 31, 2023.  The USDA says this additional extension was due to “inadequate DEA-registered laboratory capacity.”  [Read article here.]

*US Supreme Court releases statement on Dobbs leak investigation.  Although not ag law-related, there are enough legal nerds like me who read this blog that may be interested in a statement released by the US Supreme Court regarding the investigation into the leak of the draft opinion in Dobbs.  [Read Statement here.]

*”The farm is not the farm without the farmer.”  Farm Progress published a powerful article on agriculture and mental health featuring the tragic story of an Illinois farm family who faced a death by suicide.  It offers many important reminders, my favorite of which is the quote,  “the farm is not the farm without the farmer.”  [Read article here.]

Upcoming Presentations 

My calendar continues to fill up for 2023. I’ll be headed to Hereford for a Deaf Smith County Extension meeting on February 7.  To see my complete list of upcoming presentations, click here.

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