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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 Pesticides: EPA Approves Three Dicamba Products\u2019 Registrations Until December 20, 2025<\/span><\/p>\n On October 27, 2020, the U.S. Environmental Protection Agency (EPA) <\/span>announced<\/span><\/a> its decision to <\/span>approve five-year registrations<\/span><\/a> of three dicamba products for \u201cover-the-top\u201d use: Bayers\u2019 <\/span>XtendiMax<\/span><\/a> and BASF\u2019s\u00a0 <\/span>Engenia<\/span><\/a>, whose registrations were previously cancelled, and Syngenta\u2019s <\/span>Tavium<\/span><\/a>, whose registration was not cancelled but set to expire December 20, 2020.\u00a0 DuPont\u2019s FeXapan is not part of the approval decision and remains unapproved for any use at this time.\u00a0 The three decisions, and supporting documents, are posted directly to the Regulations.gov nonrulemaking docket EPA-HQ-OPP-2020-0492 titled \u201c<\/span>Dicamba for Use on Dicamba-Tolerant Cotton and Soybeans<\/span><\/a>\u201d and are not published in the Federal Register.\u00a0 The principal supporting document is the narrative titled \u201c<\/span>Memorandum Supporting Decision to Approve Registration for the Uses of Dicamba on Dicamba Tolerant Cotton and Soybean<\/span><\/a>\u201d which outlines the considerations taken into account and the justification for the decision. \u00a0 The three newly-approved registrations: (a) are for use with \u201cdicamba-tolerant\u201d soybean and cotton only; (b) apply only in the following thirty-four states: Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, and Wisconsin; (c) expire on December 20, 2025; (d) prohibit soybean application after June 30 annually; (e) prohibit cotton application after July 30 annually; (f) require the dicamba products to be tank-mixed with a \u201cpH-buffering agent\u201d and that producers maintain a 240-foot \u201cdownwind buffer\u201d and a 310-foot buffer in \u201clisted species\u201d locations; (g) prohibit application during temperature inversions and at any time other than between one hour after sunrise and two hours before sunset.\u00a0 For more on the registration cancellation of XtendiMax, Engenia, see <\/span>Agricultural Law in the Spotlight\u2014June 4, 2020<\/span><\/a>, \u201cU.S. Appeals Court Invalidates FIFRA Registrations of Dicamba Products XtendiMax, Engenia and FeXapan\u201d and <\/span>Agricultural Law in the Spotlight\u2014June 9, 2020<\/span><\/a> \u201cDicamba Update: EPA Formally Cancels Product Registrations of Dicamba Products XtendiMax, Engenia and FeXapan.\u201d<\/span><\/p>\n On October 21, 2020, the Supreme Court of California <\/span>denied<\/span><\/a> Bayer AG\u2019s <\/span>petition for review<\/span><\/a> of the California Court to Appeal, <\/span>First Appellate Division<\/span><\/a>\u2019s <\/span>decision<\/span><\/a> upholding of the trial court verdict for personal injury (non-Hodgkin\u2019s Lymphoma) from glyphosate-exposure. <\/span>Johnson v. Monsanto<\/span>, <\/span>No. S264158.\u00a0 Bayer claimed that the verdict based upon a failure to warn theory punished the company for adhering to the U.S. Environmental Protection Agency (EPA)\u2019s decision that a glyphosate cancer warning label would constitute misbranding.\u00a0 On October 23, 2020, Bayer filed a motion to stay the appellate court\u2019s\u00a0 decision pending the filing a petition for writ of certiorari to the U.S. Supreme Court, which was <\/span>denied<\/span><\/a> on October 28, 2020.\u00a0 For more on this topic, see the <\/span>ALWR\u2013week ending September 4, 2020<\/span><\/a>, \u201cMonsanto Appeals Roundup Verdict to California Supreme Court.\u201d<\/span><\/p>\n Water Quality:\u00a0 Pennsylvania Publishes New NPDES Permit Requirements for CAFOs Effective January 1, 2021\u00a0<\/span><\/p>\n On October 31, 2020, the Pennsylvania Department of Environmental Protection (DEP) published in the Pennsylvania Bulletin a <\/span>notice<\/span><\/a> titled \u201cAvailability of Amended National Pollutant Discharge Elimination System General Permit for Operation of Concentrated Animal Feeding Operations (PAG-12)\u201d announcing the availability of a <\/span>final amended National Pollutant Discharge Elimination System (NPDES) General Permit<\/span><\/a> for Operation of Concentrated Animal Feeding Operations (PAG-12).\u00a0 50 Pa.B. 6060.\u00a0 Effective January 1, 2021, this permit replaces the previous version of the same permit published on March 31, 2018, due to several modifications necessary to correct errors and reduce administrative burdens.\u00a0 For all Concentrated Animal Feeding Operations (CAFO), a notice of intent to remain covered under the amended General Permit will be due by January 1, 2021.\u00a0 The list of modifications being implemented, instructions and all forms needed, including the notice of intent form, for use in complying with the January 1,2021 deadline are available at the DEP web pages listed in the Pennsylvania Bulletin notice.\u00a0 DEP will publish notice of the receipt of notices of intent in the Pennsylvania Bulletin and will publish notice when actions are taken to approve or deny a CAFO’s coverage under the amended General Permit.<\/span><\/p>\n COVID-19: Maryland, Delaware Announce COVID-19 Relief Payments for Poultry Growers<\/span><\/p>\n On October 19, 2020, the governors of <\/span>Maryland<\/span><\/a> and <\/span>Delaware<\/span><\/a> each announced direct assistance programs for contract poultry producers affected by COVID-19 in their respective states.\u00a0 Both states have a large number of contract poultry producers, who without an ownership interest in the animals, were ineligible for Coronavirus Food Assistance Program (CFAP) payments.\u00a0 Both programs, the <\/span>Maryland Contract Poultry Grower COVID-19 Relief Fund<\/span><\/a> and the <\/span>Delaware Contract Poultry Grower Grant Assistance Program<\/span><\/a>, provide for the same payment structure: $1,000 per poultry house up to a maximum of $5,000 and, if depopulation occurred, $1,500 for each depopulated house with no limit.\u00a0 In addition, Maryland poultry farmers who were eligible for CFAP 1 payments, may also apply for a 15% supplemental bonus payment.\u00a0 In Delaware, business interruption insurance coverages for the same loss is primary and may negate eligibility.\u00a0 The deadline for applications in both states is December 1, 2020.\u00a0<\/span><\/p>\n COVID-19:\u00a0 CFAP 1 and CFAP 2 Pennsylvania Data\u00a0<\/span><\/p>\n Weekly, USDA updates aggregate <\/span>Coronavirus Food Assistance Program 1<\/span><\/a> (CFAP 1) and <\/span>Coronavirus Food Assistance Program 2<\/span><\/a> (CFAP 2) payments.\u00a0 The latest available Pennsylvania totals are below:\u00a0\u00a0<\/span><\/p>\n PENNSYLVANIA CFAP 1 <\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span>\t<\/span><\/span>Approved Applications<\/span>\t<\/span><\/span>(as of 10\/25\/20)<\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>$105,929,673<\/span>\t<\/span><\/span>\t<\/span><\/span> 2,760<\/span><\/p>\n Livestock<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>$33,965,995<\/span>\t<\/span><\/span> <\/span>\t<\/span><\/span> 5,869<\/span><\/p>\n Non-Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 $22,623,203<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,022<\/span><\/p>\n Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0\u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>\u00a0$<\/span>8,419,929<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0<\/span><\/span>167<\/span><\/p>\n Aqua Nursery Flora <\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 $1,100,953<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0<\/span><\/span>23<\/span><\/p>\n TOTALS<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0 <\/span>\t<\/span><\/span>\u00a0 $17,039,753<\/span>\t<\/span><\/span>\t<\/span><\/span>13,841<\/span><\/p>\n PENNSYLVANIA CFAP 2<\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span> \u00a0 \u00a0 \u00a0 \u00a0 <\/span>Approved Applications<\/span>\t<\/span><\/span>(as of 10\/25\/20) <\/span>\t<\/span><\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>$41,579,672<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 1,452<\/span><\/p>\n Sales Commodities<\/span>\t<\/span><\/span>\t<\/span><\/span>$20,317,108<\/span>\t<\/span><\/span> \u00a0 \u00a0 \u00a0 <\/span>\t<\/span><\/span> \u00a0 \u00a0 417\u00a0\u00a0<\/span><\/p>\n Acreage-Based<\/span>
<\/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