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Written by:\u00a0 <\/span> Brook Duer\u2014Staff Attorney<\/span> Want to listen to this Weekly Review? Check out the<\/span> <\/span>Penn State Agricultural Law Podcast<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n International Trade: EU Imposes Tariffs on U.S. Agricultural Products\u00a0<\/span><\/p>\n On November 9, 2020, the European Commission <\/span>announced<\/span><\/a> the passage of <\/span>Regulation 2020\/1646<\/span><\/a>, which levies a new 25% World Trade Organization (WTO)-authorized tariff on <\/span>enumerated U.S. agricultural products<\/span><\/a> (and 15% on U.S. aircraft products) in retaliation for U.S. tariffs on European Union (EU) exports.\u00a0 Agricultural product tariffs, including on a wide range of cheeses, are being bi-laterally utilized by both nations as retaliation for government subsidies to Airbus and Boeing respectively.\u00a0 On November 10, 2020, the primary trade organization of U.S. dairy cooperatives, National Milk Producers Federation, issued a <\/span>statement<\/span><\/a> condemning the EU tariff escalation and other tactics, stating, \u201cOne of the most egregious of these tactics is the EU\u2019s misuse of geographical indications (GIs) to ban the U.S. from selling cheeses with common names, such as asiago, feta or parmesan. We commend USTR\u2019s continued maintenance of GI cheeses on the WTO-authorized list of tariff retaliation as these tariffs help to temporarily level the playing field for U.S. producers.\u201d\u00a0<\/span><\/p>\n Antitrust: JBS Agrees to Settlement In Pork Price-Fixing Case<\/span><\/p>\n On November 4, 2020, Defendant JBS USA Food Company (JBS) and the so-called \u201cDirect Purchaser Plaintiffs\u201d filed a <\/span>joint notice of settlement<\/span><\/a> in the 2-year old class action lawsuit captioned <\/span>In re Pork Antitrust Litigation<\/span>, <\/span>No. 0:18-cv-01776<\/span><\/a>, pending in the U.S. District Court for the District of Minnesota.\u00a0 Defendants in the suit include, among others, various subsidiaries of well-known brand names Hatfield, Hormel, Smithfield and Tyson. The agreement settles only the claims of the Direct Purchaser Plaintiffs, a subset of plaintiffs and class members in the consolidated suits that does not include commercial, industrial, and retail indirect purchaser plaintiffs, i.e. those who purchased pork products from an intermediary supplier\/wholesaler\/retailer.\u00a0 According to the notice, the agreement is subject to court approval, which will be sought \u201cin the near future.\u201d\u00a0 For more on this suit, see the <\/span>ALWR\u2014week ending October 23, 2020<\/span><\/a>, \u201cFederal Court Denies Dismissal of Meatpackers’ Antitrust Class Action Suit.\u201d<\/span><\/p>\n Pesticides: First Challenge Filed to EPA\u2019s 2021-2025 Dicamba Product Registrations\u00a0<\/span><\/p>\n On November 4, 2020, the American Soybean Association (ASA) and Plains Cotton Growers, Inc. filed a <\/span>complaint<\/span><\/a> in the U.S. District Court for the District of Columbia against the U.S. Environmental Protection Agency (EPA) seeking declaratory and injunctive relief against the application restrictions imposed in EPA\u2019s recent registration approval of three dicamba products through 2025.\u00a0 <\/span>American Soybean Association v. Environmental Protection Agency<\/span>, <\/span>No. 1:20-cv-03190<\/span><\/a>.\u00a0 Specifically, the complaint seeks removal of the nationwide application deadlines of June 30 for soybeans and July 30 for cotton as debilitating to control of certain weeds in certain areas, particularly when replanting occurs comparatively late, coupled with existing herbicide resistance to other products.\u00a0 The lawsuit also alleges that the 310-foot and 240-foot application buffer zones in enumerated \u201clisted species\u201d areas effectively prohibit farming on hundreds of thousands of tillable acres.\u00a0 EPA has yet to file a response.\u00a0 For more on EPA\u2019s dicamba registration approvals, see <\/span>ALWR\u2014week ending October 30, 2020<\/span><\/a>, \u201cEPA Approves Three Dicamba Products\u2019 Registrations Until December 20, 2025.\u201d<\/span><\/p>\n Conservation Programs: USDA Updates Conservation Practice Standards\u00a0<\/span><\/p>\n On November 10, 2020, the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) <\/span>announced<\/span><\/a> updates to its <\/span>National Conservation Practice Standards<\/span><\/a>, in accordance with review of the standards as required by the 2018 Farm Bill.\u00a0 The standards support USDA\u2019s <\/span>Agriculture Innovation Agenda<\/span><\/a>, which aims to cut U.S. agricultural environmental impacts in half by 2050.\u00a0 The 2020 revisions include updates to 58 of 169 enumerated <\/span>Conservation Practices<\/span><\/a>.\u00a0\u00a0\u00a0<\/span><\/p>\n From the National Agricultural Law Experts:\u00a0<\/span><\/p>\n Agricultural Economic Insights, LLC, <\/span>Escaping 1980 (Podcast) Chapter 1: Is Farm History Repeating Itself?<\/span><\/a> (Nov. 3, 2020) and <\/span>Escaping 1980 (Podcast) Chapter 2: The Boom<\/span><\/a> (Nov. 11, 2020).<\/span><\/p>\n Tiffany Lashmet, <\/span>EPA Approves Dicamba Pesticides Through 2025; Additional Restrictions Imposed<\/span><\/a> (Nov. 9, 2020).<\/span><\/p>\n Sarah Everhart, <\/span>New Resource to Help Water Quality Trading Partners<\/span><\/a> (Nov. 10, 2020).<\/span><\/p>\n Brigit Rollins, <\/span>The Deal With Dicamba: Lawsuit Challenges Registration, EPA Changes FIFRA Policy<\/span><\/a> (Nov.12, 2020).\u00a0<\/span><\/p>\n Roger A. McEowen, <\/span>Is it a Farm Lease Or Not? \u2013 And Why it Might Matter<\/span><\/a> (Nov. 12, 2020).<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n Air Quality Data During COVID-19 May Help Improve Models, Guide Interventions<\/span><\/a> (Nov. 11, 2020).<\/span><\/p>\n Virtual Reality Forests Could Help Understanding of Climate Change<\/span><\/a> (Nov. 11, 2020).<\/span><\/p>\n AGENCY PRESS RELEASES\u2014STATE\/FEDERAL<\/span><\/p>\n \u00a0<\/span><\/p>\n Pennsylvania Department of Agriculture Press Releases:<\/span><\/p>\n Wolf Administration Highlights Ag Apprenticeships Providing Hands-On, Paid Training For Jobs In Demand Among Pennsylvania Employers<\/span><\/a> (Nov. 9, 2020).<\/span><\/p>\n Wolf Administration Tours Veteran-Owned Farms Supported By State\u2019s $10 Million Fresh Food Financing Initiative<\/span><\/a> (Nov. 9, 2020).<\/span><\/p>\n Secretary Of Agriculture: Pennsylvania Hunters Can Address Local Food Insecurity By Donating Deer<\/span><\/a> (Nov. 10, 2020).<\/span><\/p>\n Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, November 2 – November 8<\/span><\/a> (Nov. 10, 2020).<\/span><\/p>\n Secretary Of Agriculture Encourages Pennsylvanians To Support PA Agriculture At Weekend Fall Food Fest At Farm Show<\/span><\/a> (Nov. 12, 2020).<\/span><\/p>\n U.S. Department of Agriculture (USDA) Press Releases:<\/span><\/p>\n USDA Announces OneUSDA Internship Program for Summer 2021<\/span><\/a> (Nov. 9, 2020).<\/span><\/p>\n USDA, EPA Welcome Two New Members as U.S. Food Loss and Waste 2030 Champions<\/span><\/a> (Nov. 12, 2020).\u00a0<\/span><\/p>\n USDA Announces Scholars Programs for Students at Historically Black and Tribal Land-Grant Colleges and Universities<\/span><\/a> (Nov. 12, 2020).<\/span><\/p>\n Trump Administration Invests $11.3 Million in High-Speed Broadband in Rural Alaska<\/span><\/a> (Nov. 12, 2020).<\/span><\/p>\n U.S. Department of Agriculture (USDA) Agencies Press Releases:<\/span><\/p>\n APHIS Begins Eradicating Asian Longhorned Beetle Infestation in Charleston County, South Carolina<\/span><\/a>, APHIS (Nov. 9, 2020).<\/span><\/p>\n Availability of Petition for Deregulation of Corn Developed Using Genetic Engineering<\/span><\/a>, APHIS (Nov. 10, 2020).<\/span><\/p>\n 2020 Farm Service Agency County Committee Elections Underway<\/span><\/a>, FSA (Nov. 9, 2020).<\/span><\/p>\n Apply Now for USDA\u2019s Coronavirus Food Assistance Program 2<\/span><\/a>, FSA (Nov. 12, 2020).<\/span><\/p>\n USDA to Open Signup for the Conservation Reserve Program and CRP Grasslands in Early 2021<\/span><\/a>, FSA (Nov. 12, 2020).<\/span><\/p>\n STATE ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Pennsylvania Executive Agencies (<\/span>Pa. Bulletin Vol. 50, No. 46\u2014Nov. 14, 2020<\/span><\/a>):\u00a0<\/span><\/p>\n Department of Agriculture<\/span><\/p>\n 50 Pa.B. 6407<\/span><\/a> <\/span>Notice: <\/span>\u201cAction of Controlled Plant and Noxious Weed Committee; Addition of Noxious Weeds to Controlled Plants and Noxious Weed List.\u201d<\/span><\/p>\n Department of Environmental Protection<\/span><\/p>\n 50 Pa.B. 6468<\/span><\/a> <\/span>Notice:<\/span> \u201cDraft Stream Evaluation Reports; Available for Public Comment.\u201d<\/span><\/p>\n Pennsylvania Legislature<\/span><\/p>\n No relevant actions Nov. 9\u201313, 2020.<\/span><\/p>\n FEDERAL ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Federal Executive Agencies (<\/span>Federal Register<\/span><\/a> Nov. 9\u201313, 2020):\u00a0<\/span><\/p>\n Agriculture Department<\/span><\/p>\n 85 FR 71303<\/span><\/a> <\/span>Notice: <\/span>\u201cSubmission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: U.S. Origin Health Certificate\u201d (Nov. 9, 2020).<\/span><\/p>\n Agricultural Marketing Service\u00a0<\/span><\/p>\n 85 FR 71274<\/span><\/a> <\/span>Proposed Rule\u2014Comment Period: <\/span>\u201cLamb Promotion, Research, and Information Order; Correction\u201d (Nov. 9, 2020).<\/span><\/p>\n Animal and Plant Health Inspection Service<\/span><\/p>\n
<\/span>Audry Thompson\u2014Research Assistant<\/span><\/p>\n
<\/span>The Agricultural Law Weekly Review provides an update of recent agricultural law developments from local, state, national, and international levels.\u00a0 Subscribe at <\/span>pennstateaglaw.com<\/span><\/a>.\u00a0<\/span><\/p>\n