On November 16, 2021, the Judicial Panel on Multidistrict Litigation, through a lottery system, drew the 6th Circuit as the U.S. Court of Appeals that will hear the consolidated lawsuits against the Occupational Health and Safety Administration (OSHA) Emergency Temporary Standard (ETS) published in the Federal Register on November 5, 2021. The OSHA ETS, which …
OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from October that we took note of. If you have any questions or would like more information, please …
Yesterday, the Environmental Protection Agency (EPA) issued two policy statements as a part of the Administration’s COVID-19 response. First, the EPA furthered its commitment to expediting the registration process for new surface disinfectant products. The EPA also announced an enforcement discretion policy under which the Agency will not seek penalties for certain civil violations related …
New Policies Released by the EPA Today in Response to the COVID-19 Health Crisis Read More »
By former USDA Secretary John R. Block Hello everybody out there in farm country. This radio commentary is brought to you by the National Corn Growers Association, CropLife America, and Renewable Fuels Association. They are all friends, supporters, and allies of healthy farm economy and prosperous rural America. Thank you. And now for today’s commentary – …
John R. Block: Reports from Washington – August 23, 2018 “Wild Fires” Read More »
By former USDA Secretary John R. Block Farmers and ranchers across the U.S. are under a lot of stress as we enter planting season. Farm income has been cut in half and uncertainty fills the air as we move into the 2018 year. Trade war – we are already being hurt, but there are some encouraging …
By Nina Fedoroff and Alison Van Eenennaam, as published in the Des Moines Register In his speech at the recent American Farm Bureau convention, President Trump said his administration was “streamlining regulations that have blocked cutting-edge biotechnology.” Why is this necessary? Paraphrasing New York Times columnist Paul Krugman’s words on economic policy, it’s because we’re still living with “zombie” biotech …
How the Federal Government Can Get Biotech Regulation Right Read More »
By former USDA Secretary John R. Block At this time when farmers are suffering with low prices for corn and soybeans, the EPA is making a move that could cut the biodiesel mandate by as much as 315 million gallons. This is not good news for the biodiesel or ethanol businesses. It’s not good news for …
By former USDA Secretary John R. Block You may have heard about the John Duarte wetlands case. John Duarte, a California farmer, bought 450 acres in 2012. He plowed and planted it to wheat. The Army Corps of Engineers, the California Water Quality Control Board, and the EPA came after him. He was looking at a …
By former USDA Secretary John R. Block I talked this week with John Duarte, a California farmer. He is in trouble. He bought 450 acres in 2012. He plowed it and planted it for wheat. He now faces $2.8 million in civil penalties because he did not get a permit to plow and plant. He wasn’t …
By Dr. Nina Fedoroff, as published in Agri-Pulse The Coordinated Framework (CF) for the Regulation of Biotechnology was first implemented 30 years ago. The CF was developed by the White House Office of Science and Technology Policy (OSTP). OSTP brought together representatives of the three federal agencies seeking to regulate commercial applications of biotechnology to …
Biotech Regulations Must be Based on Facts, Not Fears Read More »
Ever since the election we have been asked which Obama Administration regulations and executive actions are likely to be stricken by the new Trump Administration or the 115th Congress. Will the focus be on the rules issued since mid May of this year, as provided for by the Congressional Review Act of 1996, or is …
Food Rules Potential Targets for Elimination or Revision Read More »
Peat miners, golfers, and landowners with real property containing or adjacent to Waters of the United States will benefit greatly from the Supreme Court’s May 31st decision in U.S. Army Corps of Engineers v. Hawkes Co., Inc. Hawkes resolved whether an approved jurisdictional determination by the Army Corps of Engineers (“Approved JD”) involving wetlands owned …
There is a need for an interstate structure to provide coordination and regulatory oversight of medical marijuana (cannabis) use in the 23 states that have approved its use by either referendum or legislation. Five jurisdictions — Colorado, Washington, Oregon, Alaska and the District of Columbia — have now also authorized the recreational use of cannabis. …
Interstate Structure to Oversee and Regulate Medical Marijuana Read More »
As we detailed in an earlier blog post, the White House issued a July 2nd executive memorandum on “Modernizing the Regulatory System for Biotechnology Products.” The memo directs the relevant federal agencies – FDA, USDA, and EPA – to update the federal government’s Coordinated Framework for the Regulation of Biotechnology, which was created in 1986 and last …
On September 28, the Environmental Protection Agency (EPA) issued an advance publication of its revisions to the Worker Protection Standard (WPS) for farmworkers. The revised WPS imposes new requirements for farm owners to protect workers against the risks of exposure to pesticides. The Final Rule becomes effective 60 days after publication in the Federal Register, …
New EPA Worker Protection Standard for Farmworkers Read More »
On Tuesday, the Environmental Protection Agency (EPA) announced that its Administrator signed the proposed rule: Management Standards for Hazardous Waste Pharmaceuticals Rule. The announcement and EPA blog post are here. The summary of the pre-publication proposed rule is available here and the 267-page proposal is available for download here. EPA is expected to publish the …
By former USDA Secretary John R. Block There they go again. The EPA has threatened to impose a fine of $37,500 per day on farmer Andy Johnson of Fort Bridger, Wyoming. Mr. Johnson’s offense is that he built a pond for his horses and cattle on his eight-acre property. Before building it, he obtained a permit from …
On July 2nd, the White House issued an executive memorandum on “Modernizing the Regulatory System for Biotechnology Products.” The modernization effort will apply to “biotechnology products” defined as “products developed through genetic engineering or the targeted or in vitro manipulation of genetic information of organisms, including plants, animals, and microbes.” It will not affect regulation …
By Elliot Belilos In the wake of the recent 60 Minutes piece that highlighted alleged elevated formaldehyde in the Chinese-made wood flooring imported by Lumber Liquidators, all manufacturers and importers of consumer products containing compressed wood need to ensure that their products comply with the California Air Resources Board (CARB) limits regarding formaldehyde emissions. And while …
The serious environmental problems caused by unchecked wild horse populations on western rangelands are well known to state and local governments, Native American tribes, ranchers and farmers. Efforts, however, to prompt the U.S. Department of Interior (“Interior Dept.”) and its Bureau of Land Management (“BLM”) to address widespread environmental damage and other impacts caused by …
No Horsing Around – Nevada Federal Judge Dismisses Burro Suit Against Interior Dept. Read More »
As the 114th Congress begins in earnest, there is rough sledding ahead this winter over the gulf between the governing philosophies of the President and the new Congress. Not to belabor the obvious, but early indications are that Republican victories have altered the President’s willingness to deal only very modestly, if at all. With just …
2014 was certainly an interesting year to be involved in agriculture. We got to see supply and demand in full effect. Good weather sent grain prices tumbling while continuing tight supplies have kept cattle prices soaring. The Republicans made strong gains and will enter 2015 with control of both the House and Senate. While I …
OFW Law’s John Dillard will be kicking off this year’s Ohio Food, Agriculture and Environmental Law Webinar Series with a discussion on two cutting-edge topics affecting agriculture: agricultural drones and “big data.” Mr. Dillard’s webinar will provide a brief primer on the current and potential applications for drone technology in agriculture. He will also discuss …
Free Webinar on Big Data and Unmanned Aerial Vehicles Read More »
FDA has announced that its Risk Communication Advisory Committee (RCAC) will be holding a public meeting on November 3-4, 2014, at its White Oak Campus in Silver Spring, MD. The RCAC meeting will focus on messages about the importance of eating adequate amounts of fish and shellfish, while avoiding certain varieties with higher amounts of …
Risk Communication about Methylmercury in Seafood Read More »
The Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) have released draft updated advice on seafood consumption, Fish: What Pregnant Women and Parents Should Know. The two agencies also published a Federal Register notice creating a docket and requesting public comments on their new fish consumption advice. The draft updated advice is …
The Food and Drug Administration (FDA) has issued a final rule restricting the nutrient content claims that may be made for omega-3 fatty acids. Specifically, FDA is prohibiting existing nutrient content claims for the two omega-3s found in fish oil, eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA), and is restricting nutrient content claims for alpha-linolenic …
FDA Restricts Nutrient Content Claims for Omega-3s Read More »
Four Washington State dairies are the targets of environmental activists in lawsuits that could have far-reaching consequences for animal agriculture in the United States. In these cases, the environmentalists assert that the dairies’ manure storage and application practices violate the Resource Conservation and Recovery Act (RCRA), the federal statute that regulates the disposal of solid …
Can EPA Regulate Animal Operations as Landfills? Read More »
The Natural Resource Defense Council (NRDC) has petitioned EPA to restrict the use of glyphosate herbicide to protect the dwindling population of the monarch butterfly. The petition states that the rapid adoption of glyphosate-resistant (Roundup Ready®) corn and soybeans in the Midwest has depleted the milkweed “community,” which serves as the exclusive food source for …
By Nathan Fretz After three years of work, Congress passed the Agricultural Act of 2014 (the “farm bill”), which the President signed into law on Friday, February 7. Despite a tumultuous and partisan 2012 and summer of 2013, the farm bill conference report was approved by conferees and sailed through the House and Senate with …
By John G. Dillard, as published on his AgWeb.com Blog – Ag in the Courtroom With 2013 nearly in the books and the holiday season nearly behind us, its time to prepare for the challenges that face us in the coming year. While I am no expert on forecasting long-range weather patterns, commodity market fluctuations, or predicting the …
In a decision with broad implications for production agriculture, a West Virginia federal judge concluded that Clean Water Act (CWA) permits are not required solely on the basis of dust, feathers and chicken litter from poultry barns that are washed from a farmyard to river and streams by rainfall. In Lois Alt, d/b/a Eight Is …
Eight Is Enough: EPA’s Dust and Feathers Discharge Argument Goes Down the Drain Read More »
“The ecological and economic importance of the Chesapeake Bay is well documented….And yet, nutrient pollution and sedimentation remain a critical concern.” So says Judge Sylvia H. Rambo, U.S. District Court judge in Pennsylvania. Judge Rambo, in a 99-page opinion filed on September 13, 2013, challenged and dismissed the arguments of the American Farm Bureau on …
Farm tile drains are not a point-source of pollution under the Clean Water Act, even if the outflows contain contaminated groundwater. So ruled Judge Kimberly J. Mueller of the U.S. District Court for the Eastern District of California in dismissing a citizen suit that sought to require some farmers to obtain National Pollutant Discharge Elimination …
Citizen Suit Goes Down The Drain in Farm Tile Case Read More »
Ignorance of the law excuses no man. Not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to refute him. That sentiment, expressed by John Selden, a 16th Century English judge, still holds true today. However, with all due respect to our country’s …
EPA Steps Up Criminal Enforcement Efforts Against Livestock Farmers Read More »
A District Court judge in West Virginia is forcing EPA to defend a challenge to a now-withdrawn Administrative Compliance Order (“ACO”) related to “dust and feather” discharges from a broiler facility. In one of the first post-Sackett challenges to an EPA ACO under the Clean Water Act (“CWA”), a West Virginia poultry producer sued EPA …
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