Category Archives: Federal Regulations

March 29, 2024 Weekly Round Up

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We’ve made it through another week and have another long list of ag law news from around the country! *Avian influenza found in dairy cows in Texas and Kansas and goat in Minnesota.  State agencies announced this week that a disease found in some dairy cows in Texas and Kansas was identified as highly pathogenic avian influenza (HPAI).  A goat in Minnesota on a farm where chickens had the virus also recently tested positive as well.  The USDA believes the source of HPAI at the dairies is migratory… Read More →

EPA Releases Revised WOTUS Definition

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Last week, the Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“COE”) released a final rule to amend the WOTUS definition previously issued in January.  This amended rule was issued in response to the United States Supreme Court’s decision in Sackett v. EPA. Background The definition of WOTUS is really a question regarding the scope of the Clean Water Act (“CWA”). Congress, acting under the Commerce Clause, passed the CWA in 1972.  The CWA gave federal jurisdiction over “navigable waters,” a term that was defined as… Read More →

January 13, 2023 Weekly Round Up

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I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →

September 30, 2022 Weekly Round Up

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It is hard to believe we have reached the end of September.  It has been a busy couple of weeks in the agricultural law realm. *Ag policy lesson from Dr. Outlaw.  Dr. Joe Outlaw offered an important ag policy lesson earlier this week on the Southern Ag Today website talking about unintended consequences. He discussed a proposed rule from the Securities and Exchange Commission on climate-related disclosures and how the requirement could have major impacts on agriculture.  [Read article here.] *EPA sued over alleged FOIA violations.  The Center… Read More →

2021 Ag Law Year in Review – National

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Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →

November 20, 2020 Weekly Round Up

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Happy Friday and Happy Thanksgiving to you all next week.  Here are a few of the ag law stories in the news over the past couple of weeks.  As you will see, there has been lots going on! *Appellate court affirms liability for compensatory and punitive damages in NC hog farm nuisance cases; Smithfield announces settlement.  Major developments happened at the end of this week in the nuisance lawsuits in North Carolina filed against Smithfield subsidiary, Murphy Brown.  First, the US Court of Appeals for the Fourth Circuit issued… Read More →

Navigable Waters Protection Rule (aka the New WOTUS Rule)

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Disclaimer–This blog post is really detailed.  If you’re not into all the nerdy legal technicalities, I’d read the Background, Summary of WOTUS Rule v. NWPR, and What Happens Now and go on about your day.   If you have been around for a while, you know we have been following the saga surrounding the definition of “Waters of the United States” or “WOTUS” for several years.  On April 21, 2020, the Environmental Protection Agency published the Navigable Waters Protection Rule (NWPR), the newest regulatory definition of WOTUS.  [Read… Read More →

August 28, 2020 Weekly Round Up

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Welcome to another agricultural law weekly round up.  Here are some of the recent ag law stories in the news. *USDA issues Final Rule modifying eligibility rules to qualify for farm program payments.  The USDA Farm Service Agency issued a Final Rule making changes to eligibility requirements for farm program payments.  One expected change per the 2018 Farm Bill allows first cousins, nieces, and nephews to qualify under the definition of “family member.”  A more unexpected change dealt with modifications of definitions of “active personal management” and “significant… Read More →

May 1, 2020 Weekly Round Up

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Happy May Day to all!  I hope everyone is staying safe and healthy. Here are some of the biggest ag law stories in the news over the past couple of weeks. *Navigable Waters Protection Rule is published.  The WOTUS saga continues.  The Trump administration’s definition of “waters of the United States” under the Clean Water Act, newly named “Navigable Waters Protection Rule,” was published in the Federal Register on April 21.  I’ll have a blog post discussing the details soon, but for now if you want to read… Read More →

November 1, 2019 Weekly Round Up

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Happy Halloween!  Here is a look at how trick or treating in went in my house with our unicorn and feed sack.   Here are a few ag law stories in the news over the past couple of week. *USDA released Interim Final Hemp Rule.  The much-anticipated USDA rule related to hemp production was released on Wednesday.  To read my summary of the proposed rule, click here.  Also, Dr. Justin Benavidez wrote a great summary of some of the economic info included in the “costs and benefits” section… Read More →