by Elizabeth | Nov 16, 2023 | Ag & Food Law Update, Farm Bill, Hemp, Samantha Capaldo, United States Department of Agriculture
In 2023, lawsuits were filed against state governments in Indiana, Arkansas, Virginia, and Alaska alleging that state hemp laws and regulations violate the U.S. Constitution. The state laws and regulations all attempt to restrict the growth, production, or sale of...
by Elizabeth | Nov 14, 2023 | Foreign Ownership, Land Ownership, Micah Brown, Spotlighting State Restrictions on Foreign Land Investments
On April 11, 2023, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 383 (“SB 383”) which seeks to restrict certain foreign purchasers of land located within the boundaries of their state. Arkansas is one of approximately twelve states—along with...
by Ramie Parsons | Nov 9, 2023 | The Feed
The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for The Feed, and also read the PDF for Vol. 1, Issue 21, from November 9, 2023. To sign up for The Feed, click here. Click here...
by Brigit Rollins | Nov 9, 2023 | Ag & Food Law Update, Brigit Rollins, Environmental Law, Environmental Protection Agency, Federal Insecticide, Fungicide, and Rodenticide Act, Food Safety, Pesticides
On November 2, 2023, the Eighth Circuit Court of Appeals issued its decision in Red River Valley Sugarbeet Growers Ass’n v. Regan, No. 22-1422 (8th Cir. 2023), reinstating the use of the pesticide chlorpyrifos on food crops. In 2021, the Environmental Protection...
by Ramie Parsons | Nov 8, 2023 | Monthly Round Up
October Roundup As October has ended, the staff at the National Agricultural Law Center continue to bring trusted research and information in agricultural and food law to stakeholders across the country. Outlined below are many of the new NALC resources from October...
by Emily Stone | Nov 7, 2023 | Antitrust, Emily Stone, Intellectual Property, Right to Repair
As technology continues to advance within the field of agriculture, discussions over the right of a farmer to repair their own equipment have grown. Today, the nature of intellectual property law allows manufacturers of farm equipment to retain a right in that...
by Elizabeth | Nov 2, 2023 | Agricultural Marketing Service, Animal Identification, Animal Law, National Organic Program, Samantha Capaldo
On October 25, 2023, Secretary Vilsack announced that the Agricultural Marketing Service (“AMS”) had finalized the Organic Livestock and Poultry Standards Rule. The final rule was released in the Federal Register on November 2, 2023. According to the United States...
by Elizabeth | Oct 31, 2023 | Agricultural Foreign Investment Disclosure Act, Foreign Ownership, Forestry, Land Ownership, Micah Brown, Spotlighting State Restrictions on Foreign Land Investments
On April 11, 2023, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 383 (“SB 383”) which seeks to restrict certain foreign investments in land located within the state. Since January 2023, the majority of states have proposed at least one piece of...
by Ramie Parsons | Oct 26, 2023 | The Feed
The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for The Feed, and also read the PDF for Vol. 1, Issue 20, from October 26, 2023. To sign up for The Feed, click here. Click here...
by Brigit Rollins | Oct 26, 2023 | Administrative Law, Brigit Rollins, Endangered Species Act, Environmental Law, Fish and Wildlife Service, National Marine Fisheries Service
Update: On June 28, 2024, the Supreme Court released its final decision in Loper Bright Enters. b. Raimondo, where it overturned Chevron deference, holding that “courts may not defer to an agency interpretation of the law simply because a statute is...
by Brigit Rollins | Oct 25, 2023 | Animal Law, Animal Welfare, Elizabeth Rumley
Last October, the Supreme Court (“SCOTUS”) considered a challenge to Proposition 12, a California law regulating the production and sale of many veal, egg, and pork products. The law had two main components. First, it prohibited the act of confining farm animals...
by Emily Stone | Oct 24, 2023 | Emily Stone, Land Ownership, Leases
According to the U.S. Department of Agriculture’s Economic Research Service, approximately 39 percent of U.S. farmland in the contiguous 48 states is leased. While leases are used in many different types of property transactions, leases for agricultural purposes may...
by Elizabeth | Oct 19, 2023 | Checking in on Crop Insurance, Climate Change, Commodity Credit Corporation, Conservation Programs, Crop Insurance, Disaster Assistance Programs, Farm Bill, Federal Crop Insurance Corporation, Finance and Credit, Samantha Capaldo, United States Department of Agriculture
According to the U.S. Government Accountability Office, for the 2022 crop year, there were 493 million acres of land in the U.S. enrolled in the Federal Crop Insurance Program (“FCIP”). USDA estimated that row crops accounted for half of the acres enrolled in the FCIP...
by Elizabeth | Oct 17, 2023 | Foreign Ownership, Land Ownership, Micah Brown, Spotlighting State Restrictions on Foreign Land Investments
On May 31, 2023, Alabama Governor Kay Ivey signed into law the Alabama Property Protection Act (codified under Ala. Code § 35-1-1.1) which seeks to restrict certain foreign purchases of land, specifically agricultural land, within the state. Last year, the Alabama...
by Brigit Rollins | Oct 12, 2023 | Brigit Rollins, Endangered Species Act, Environmental Law, Environmental Protection Agency, Federal Insecticide, Fungicide, and Rodenticide Act, Pesticides
October 22, 2023, is the last day to submit comments on the Environmental Protection Agency’s (“EPA”) Draft Herbicide Strategy Framework to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of...
by Ramie Parsons | Oct 12, 2023 | The Feed
The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for The Feed, and also read the PDF for Vol. 1, Issue 19, from October 12, 2023. To sign up for The Feed, click here. Click here...
by Ramie Parsons | Oct 6, 2023 | Quarterly Newsletter
The National Agricultural Law Center compiles and publishes a quarterly newsletter highlighting recent and upcoming events and resources. The newsletter for the third quarter of 2023 is available here. To sign up for future newsletters, click...
by Ramie Parsons | Oct 5, 2023 | Monthly Round Up
September Roundup As September has ended, the staff at the National Agricultural Law Center continue to bring trusted research and information in agricultural and food law to stakeholders across the country. Outlined below are many of the new NALC resources from...
by Elizabeth | Oct 5, 2023 | Department of Labor, Farm Labor, Immigration, Labor, Samantha Capaldo, United States Department of Agriculture
The H-2A program allows agricultural employers to hire foreign workers when there is a shortage in domestic labor. According to Philp Martin from UC Davis and Zachariah Rutledge from Arizona State University, H-2A workers account for approximately ten percent of all...
by Elizabeth | Oct 3, 2023 | Foreign Ownership, Land Ownership, Micah Brown, State Proposals on Restricting Foreign Ownership of Farmland
In the past two years or so, as discussed in the first article of this series, the issue of restricting foreign investments and ownership in privately held farmland emerged or reemerged in the majority of states. This reemerging interest in restricting foreign...
