The month of February has brought a number of new court rulings, agency action, and litigation. Let’s get caught up on some of the biggest agricultural law stories this month.
Photo by Scott Ymker on Unsplash
*US Supreme Court strikes down tariffs under the International Emergency Economic Powers Act. The United States Supreme Court issued its opinion in Learning Resources, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. To enact such tariffs, the President would need “clear authority” from Congress, which the language in the IEEPA does not provide. The ruling left several unanswered questions, including if or how refunds would be issued for tariff payments made and whether another statute might provide the President with the “clear authority” required to impose tariffs. [Read Opinion here and article here.]
*EPA approves registration for over-the-top Dicamba for use in 2026-2027 growing seasons; lawsuit filed. On February 6, 2026, the EPA announced its registration for three over-the-top dicamba products (Stryax, Engenia, Tavium) for the 2026 and 2027 growing seasons. [Read announcement here.] The registration includes a number of modifications and stricter rules for application. [Read article here.] This week, environmental groups have filed suit asking the United States Court of Appeals for the Ninth Circuit to vacate the registration because it alleges the EPA failed to follow proper procedures in approving the registration. [Read article here.]
*House releases draft of 2026 Farm Bill. The House Committee on Agriculture has released its newest draft of the Farm Bill. The Farm, Food, and National Security Act of 2026 would in part invalidate animal confinement laws like California’s Proposition 12, transfer Food for Peace to the USDA, reauthorize the Conservation Reserve Program, mandate uniform pesticide labels, require additional reporting for foreign-owned farmland. Markup on the bill is currently scheduled for next week. [Read Bill here.]
*Settlement of $7.25 billion proposed in Roundup litigation. A proposed settlement in the amount of $7.25 billion has been announced in litigation related to failure to warn consumers that Roundup could cause cancer. The settlement must be court-approved. The settlement was announced after the United States Supreme Court agreed to hear Durnell v. Monsanto, a case involving a failure to warn claim and whether federal preemption applies. [Read article press release here and here.]
*Using business entities to transfer farm/ranch ownership. Robert Moore from Ohio State University recently wrote a great article about using business entities, like an LLC, to transfer ownership of the farm or ranch. [Read article here.]
*Attention ag lawyers: Do you want to speak at the American Agricultural Law Association Conference? Of course you do! We are currently accepting speaker proposals for our 2026 conference in Dallas, TX on November 5-7, 2026. For more information on submitting a proposal, click here. Even if you don’t want to speak, you should still attend! Learn more about the conference generally here.
