Show cover of Agricultural Law Podcast

Agricultural Law Podcast

The Agricultural Law Podcast presented by the Center for Agricultural and Shale Law.

Tracks

261. USDA Takes First Regulatory Steps on Carbon Credit Production
In today's episode, Brook will discuss the USDA's announced intent to establish the "Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program." Brook summarizes the key features of the proposed program and how the government regulations will fit into the already established carbon credit market.  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/
18:05 5/14/24
260. USDA Takes New Approach in HPAI Outbreak in Dairy Cattle
In today's episode, Brook discusses the HPAI outbreak that has been detected in dairy cows. He walks us through why USDA hasn't issued any quarantine orders, and how states are responding.  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
25:56 4/26/24
259. PFAS Soil Contamination Fuels Liability Suit Over Biosolid Land Application
In today's episode, Brook discusses a new lawsuit filed by a group of Texas farm owners against Synagro Technologies. The farm owners allege that their farms were poisoned by PFAS toxins from a biosolids-based fertilizer that was produced and marketed by Synagro that a neighboring farmer had used on his property. Brook talks about the legal implications that this lawsuit may result in and how this case could affect farmers and fertilizer producers across the country. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
08:35 3/21/24
258. Dicamba Registrations Vacated Again
In today's episode, Brook explains the District Court for the District of Arizona's decision to vacate the EPA's 2020 pesticide registration authorizing the sale and use of dicamba-based weed killers within the United States. Brook discusses the arguments for and against this outcome, and how this will affect farmers across the country. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
15:08 2/19/24
257. California’s Proposition 12 Finally Fully Effective
In this week's episode, Brook talks about California’s Proposition 12 and the relevant regulations that recently became fully effective. These regulations established California's Animal Care Program and require third-party certification for producers.  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
21:37 2/13/24
256. EPA Proposes More Stringent Meat and Poultry Processing Plant Effluent Discharge Standards
In this week's episode, Brook discusses EPA's recently announced proposed set revisions to the Clean Water Act regulations, standards and permitting of wastewater discharges into waters of the United States from facilities that process meat and poultry products. The proposed regulations would establish more stringent effluent limitations for the control of nitrogen and, for the first time, effluent limitations on the discharge of phosphorus. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
11:43 1/24/24
255. EPA's Response to Federal Court's Decision on Chlorpyrifos Use
In today's episode, Brook gives us an update to our last episode, which introduced a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Today, Brook explains EPA's December 2023 response to the court's decision, and how that will affect the 2024 agricultural growing season.  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
11:37 1/19/24
254. Federal Appeals Court Vacates EPA's 2022 Chlorpyrifos Ban and Orders Reconsideration of Food Tolerances / Uses
In today's episode, Brook and Chloe talk about a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Brook explains the background of the use of EPA's chlorpyrifos rule and how this decision changes the legality of the product. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
14:39 12/21/23
253. California’s Mandated Carcinogen Warning on Roundup Is Unconstitutional
In today's episode, Brook and Chloe talk about a decision coming out of the Ninth Circuit Court of Appeals, holding that California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate, a chemical found in the product Roundup, violated the First Amendment of the U.S. Constitution.  Brook explains how the case made its way to the Ninth Circuit and what the Court's opinion means.  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
12:05 12/5/23
251. DOJ Sues Agri-Stats Directly for Collusion in Protein Sector
In this episode, Chloe and Brook talk about a new criminal lawsuit filed by the DOJ against Agri Stats, an agricultural data services company, U.S. v. Agri Stats  The DOJ alleges that Agri Stats illegally organized and managed anticompetitive information exchanges among several of the nation's largest protein processing companies, leading to price-fixing within the different protein sectors. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
13:32 11/20/23
250. Beef and Pork Processing Plant Nationwide Wage-Fixing Class Action Suit Survives Motions to Dismiss
In this episode, Chloe and Brook talk about a new private class action lawsuit, Brown v. JBS, et al.  The plaintiffs allege that fifteen of the country's largest protein processing companies engaged in wage-fixing in their nationwide beef and pork processing plants.  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
10:55 11/14/23
249. U.S. Supreme Court Declines to Hear Case Permitting FLSA Overtime Claim of H-2A Worker
In this episode, Chloe and Brook talk about U.S. Supreme Court's decision to deny a petition to hear the case of Signet Builders Inc. V. Vanegas. The focus of this case is whether a company must pay overtime to H-2A employees who construct on-farm livestock confinement facilities or whether those employees are exempted from Fair Labor Standards Act (FLSA) overtime requirements as “agricultural workers.”  Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
15:39 11/9/23
248. EPA Reveals Plan to Reform CAFO Regulation under the Clean Water Act
A discussion on the EPA's CAFO regulation system, and that EPA announced - without any form of press or public announcement - that it is currently commencing a reform plan of its own design. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
11:47 10/17/23
247. Environmental Organizations Sue EPA for Refusal to Expand CAFO Regulation
A new development involving the Clean Water Act, this time highlighting a new lawsuit brought by environmental organizations, who are suing the EPA for their refuls to expand CAFO regulations. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
16:51 10/10/23
246. EPA's Revised WOTUS Rule Conforming to Sackett
The latest developments in the on-going WOTUS saga, this time another EPA Final Rule displacing all others.   Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
16:23 9/25/23
245. USDA Guaranteed Loan Debt Relief for Financially Distressed Borrowers; Maryland Supreme Court Nixes Ammonia Air Emissions Inclusion in CAFO permit
USDA rolls-out another phase of farm loan debt-relief authorized by the Inflation Reduction Act.  An unusual Maryland state court ruling on Clean Water Act permitting and ammonia air emissions is reversed by the Maryland Supreme Court.    Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
23:13 9/19/23
244. EPA Releases Draft Herbicide Strategy for Endangered Species Listings; Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision
EPA Releases Draft Herbicide Strategy for Endangered Species Listings. Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision    Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
17:01 9/11/23
243. USDA Will Commence Hearing on Federal Milk Marketing Order Reform; Federal Court Denies Poultry Producers’ Motions to Dismiss, Antitrust Price-Fixing Litigation Will Continue to Trial
USDA to convene federal milk marketing order amendment hearing with 21 reform proposals on the table. The country’s largest poultry antitrust case endures a major shakeup when a federal court simultaneously decides 38 motions, mostly for summary judgment.   Hosted by Josh Narey, Research Assistant—With Brook Duer, Staff Attorney—Produced by Josh Narey, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
30:00 8/25/23
242. EU Food Safety Authority & Glyphosate; USDA Funds Greenhouse Gas & Carbon Sequestration Measurement; WOTUS Rule Revised As Per Sackett
The European Food Safety Authority determines ‘no critical areas of concern’ for glyphosate; The USDA announces $300 Million to fund a draft Federal Strategy to improve greenhouse gas measurement and carbon sequestration; The EPA plans to amend its January 2023 final WOTUS rule by September 1, 2023, to implement the U.S. Supreme Court decision in Sackett.    Hosted by Josh Narey, Research Assistant—With Brook Duer, Staff Attorney—Produced by Josh Narey, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
24:29 8/2/23
241. California’s Proposition 12 Ruled Constitutional; Petition for Federal Milk Marketing Order Reform Filed; FDA Approves Gene-Edited Pigs
The US Supreme Court finds California’s Proposition 12 Swine Confinement Standards Constitutional; The largest dairy producer trade group in the country files its long-awaited petition for Federal Milk Marketing Order reform; FDA approves the first gene-edited pigs for entry into the food chain for human consumption.   Hosted by Josh Narey, Research Assistant—With Brook Duer, Staff Attorney—Produced by Josh Narey, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
25:10 6/13/23
240. Louisiana’s Meat Labeling Law Ruled Constitutional; Dispositive Motion filed in 2020 Dicamba Registration Legal Challenge
Fifth Circuit Finds Louisiana Truth in Labelling Law Constitutional; Center for Biological Diversity Cites 2021 EPA Dicamba Report in Seeking Vacatur.     Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
20:35 4/26/23
239. WOTUS Final Rule Enjoined in 24 States; Perdue Farms Wage-Fixing Litigation Settlement
North Dakota Federal Court enjoins WOTUS Final Rule in 24 States; Perdue Farms Files for Settlement Approval in Wage-Fixing Litigation.     Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
14:36 4/18/23
238. 'Gruyere' is Generic; 'Product of the USA' Label Proposed Rule
Fourth Circuit Holds ‘Gruyere’ is a Generic term Ineligible for Trademark Registration; USDA Closes Loopholes in New Proposed Rule on ‘Product of the USA’ Labeling.   Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
20:58 4/11/23
237. Comparability Test for Clean Water Act Citizen Suits; 2022 Chesapeake Bay Report; DEP Watershed Progress Report
Supreme Court to Decide Comparability Test for Citizen Suits Under Clean Water Act; Chesapeake Bay Commission Issues 2022 Annual Report; Pennsylvania Department of Environmental Protection Publishes Phase 3 Watershed Implementation Program 2022 Progress Report Summary.        Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
15:52 4/7/23
236. PA Quarantine Order Following Avian Influenza Outbreak; Injunctions Against WOTUS Final Rule in Texas and Idaho
New PA Avian Influenza Outbreak Draws Additional Quarantine Order for Live Bird Production Premises; U.S. District Court Orders Injunctions Against WOTUS Final Rule in Texas and Idaho.   Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
18:23 4/4/23
235. USMCA Technical Consultations for GMO Corn Ban; Contractors to Administer USDA Discrimination Payments; FACA Farm Bill Recommendations
U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban; USDA to Issue Contracts to Administer Payments to Borrowers Who Have Experienced Discrimination; Food and Agriculture Climate Alliance (FACA) Published 2023 Farm Bill Recommendations.     Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
21:03 3/28/23
234. Draft Guidance on Labeling Plant-Based Milks; Prescriptions Required for Certain Previously OTC Antibiotics for Veterinary Use
FDA Publishes Draft Guidance on Labeling Plant-Based Milks; FDA Will Require Prescriptions for Certain Previously OTC Antibiotics for Veterinary Use Starting June 11, 2023.    Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
18:31 3/24/23
233. Biden Admin H-2A Regulation; DOJ Statement of Interest in Right-to-Repair; 2022 Food Code
H-2A Regulations clear a troublesome legal hurdle; The Department of Justice opposes John Deere in right-to-repair antitrust litigation; The 2022 Food Code provides restaurants guidance on donating prepared foods.   Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
19:26 3/17/23
232. Carbon Credit Assistance and Verification; Cattle Contracts Library; Added Sugar Standards for School Lunch Milk
Consolidated Appropriations Act contains provisions for Carbon Credit assistance & verification; USDA launches Cattle Contracts Library Pilot Program; New Proposed Rule for Child Nutrition Programs contains added sugar standards which impact flavored milk. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
23:09 3/9/23
231. FDA needs Congressional Action to Regulate CBD; California's Pest Management Program; Truterra Carbon Programs; NYC Force-Fed Products Ban
FDA tells Congress it cannot regulate CBD under the current framework; California announces Sustainable Pest Management Program; Truterra offers carbon credit programs; New York City opposed by State government in its attempt to ban sale of force-fed products. Hosted by Al Jones, Research Assistant—With Brook Duer, Staff Attorney—Produced & Written by Al Jones Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Facebook: Penn State Center for Agricultural and Shale Law This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
24:32 3/6/23