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Written by:\u00a0 <\/span><\/p>\n <\/span><\/p>\n Audry Thompson\u2014Research Assistant<\/span><\/p>\n Brook Duer\u2014Staff Attorney<\/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 Want to listen to this Weekly Review? Check out the<\/span> <\/span>Penn State Agricultural Law Podcast<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n Antitrust: U.S. Department of Justice Indicts Six More Poultry Executives Over Alleged Price Fixing<\/span><\/p>\n On October 7, 2020, the U.S. Department of Justice <\/span>announced<\/span><\/a> a grand jury <\/span>indictment<\/span><\/a> in the U.S. District Court for the District of Colorado of six additional poultry executives for conspiring to rig bids and fix prices of U.S. broiler chickens in violation of the Sherman Act: Timothy R. Mulrenin, William Vincent Kantola, Jimmie Lee Little, William Wade Lovette, Gary Brian Roberts, and Rickie Patterson Blake. <\/span>United States v. Penn<\/span>,<\/span> <\/span>No. 1:20-cr-00152<\/span><\/a>.\u00a0 Four indictments were previously issued in the same proceeding. \u00a0 Together, the ten defendants represent JBS, Pilgrim\u2019s Pride Corp., Perdue Farms, Tyson Foods, Inc., Koch Foods, Inc., Case Farms, and George\u2019s Inc.\u00a0 A trial date is yet to be released.\u00a0 For more on this topic, see \u201cPoultry Industry Executives Indicted on Antitrust Charges,\u201d <\/span>ALWR<\/span>\u2014week ending June 12, 2020<\/span><\/a>\u00a0<\/span><\/p>\n On October 5, 2020, the Supreme Court of the United Stated <\/span>denied certiorari<\/span><\/a> in a case challenging Indiana\u2019s Right to Farm Act as an unconstitutional \u201ctaking\u201d without due process. (<\/span>Himsel v. Himsel<\/span><\/a>, Ind. Ct. App. 18A-PL-00645).\u00a0 On April 22, 2019, the Court of Appeals of Indiana upheld the trial court\u2019s grant of summary judgment for the defendants which upheld the constitutionality of the law.\u00a0 For background, see <\/span>ALWR-<\/span>week ending August 14, 2020<\/span><\/a>, <\/span>\u201cSupreme Court Filing Challenges Indiana\u2019s Right to Farm Act.\u201d\u00a0<\/span><\/p>\n Agricultural Labor: Federal Court Enjoins Presidential Proclamation re: Non-Immigrant Work Visas\u00a0<\/span><\/p>\n On October 1, 2020, the U.S. District Court for the Northern District of California entered a <\/span>temporary injunction<\/span><\/a> against the April 22, 2020 <\/span>Presidential Proclamation 10014<\/span><\/a>, titled \u201cProclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,\u201d extended until December 31, 2020 by <\/span>Proclamation 10052<\/span><\/a>. <\/span>National Association of Manufacturers, et al. v. United States Department of Homeland Security, et al.,<\/span> <\/span>No. 4:20-cv-04887<\/span><\/a>.\u00a0 The court found that the Proclamation exceeded the President\u2019s Congressionally delegated power and unlawfully \u201ceviscerate[d] whole categories of legislatively-created visa categories\u201d in the <\/span>Immigration and Nationality Act<\/span><\/a>, noting the nullification of the H-2B visa category.\u00a0 The court also noted that the finding of \u201cdisplace[ment] and disadvantag[e]\u201d to U.S. workers by the Secretary of Labor and the Secretary of Homeland Security stated in the Proclamation was insufficient as a matter of law due to lack of record evidence.\u00a0 The injunction remains in effect pending further litigation and is only applicable against the plaintiffs in the case.\u00a0<\/span><\/p>\n Government Ethics: USDA Secretary Violates Hatch Act\u00a0<\/span><\/p>\n On October 8, 2020, the U.S. Office of Special Counsel (OSC) issued letters to complainants <\/span>U.S. Representative Marcia Fudge<\/span><\/a> and <\/span>Citizens for Responsibility & Ethics in Washington (CREW)<\/span><\/a> publicly disclosing OSC\u2019s finding that USDA Secretary Sonny Perdue violated the Hatch Act on August 24, 2020 when he made comments encouraging the public to vote for President Donald Trump at a USDA-funded function related to the Farmers to Families Food Box program.\u00a0 The OSC stated that Secretary Perdue must reimburse the U.S. Treasury for his travel expenses in order for OSC to close its file in the matter without further action.\u00a0<\/span><\/p>\n COVID-19: Michigan Supreme Court Invalidates Governor\u2019s COVID-19 Executive Orders\u00a0<\/span><\/p>\n On October 2, 2020, the Michigan Supreme Court issued an <\/span>opinion<\/span><\/a> invalidating Michigan Governor Gretchen Whitmer\u2019s COVID-19-related <\/span>executive orders<\/span><\/a>, including first-of-its-kind state mandatory agricultural worker protections and testing, issued under Michigan\u2019s <\/span>Emergency Management Act (EMA)<\/span><\/a> and <\/span>Emergency Powers of the Governor Act (EPGA)<\/span><\/a>. <\/span>In re Certified Questions from the United States District Court<\/span>, Western District of Michigan, Southern Division, No. 161492.\u00a0 The court found that because the legislature had not authorized the declaration of state of emergency after April 30, 2020, the orders were in violation of the EMA, and that the EPGA was an improper delegation of legislative power to the executive branch in violation of the Michigan Constitution.\u00a0 For background, see<\/span>:<\/span> \u201cMichigan Governor Issues Executive Order for Agricultural Workers,\u201d <\/span>ALWR\u2014<\/span>week ending June 5, 2020<\/span><\/a>; \u201cMichigan Requires COVID-19 Testing for Agricultural Employees,\u201d <\/span>ALWR\u2014<\/span>week ending August 7, 2020<\/span><\/a>; \u201cFederal Court Denies Temporary Restraining Order Against Michigan\u2019s Mandatory Ag Worker COVID-19 Testing,\u201d <\/span>ALWR\u2014<\/span>week ending August 21, 2020<\/span><\/a>; \u201cSixth Circuit Upholds Denial of Injunction for Michigan Ag Worker Covid-19 Testing,\u201d <\/span>ALWR\u2014<\/span>week ending September 4, 2020<\/span><\/a>.\u00a0<\/span><\/p>\n Air\/Water Quality: Pennsylvania Department of Agriculture and EPA Sign Letter of Understanding<\/span><\/p>\n On September 30, 2020, the Pennsylvania Department of Agriculture (PDA) and the U.S. Environmental Protection Agency (EPA) signed a <\/span>Letter of Understanding (LOU)<\/span><\/a> memorializing a list of program areas where the agencies\u2019 may collaborate and coordinate their activities and work directly together, notably including the possibility of direct grants to PDA and also incorporating the following text in apparent reference to Chesapeake Bay TMDL compliance efforts: \u201cEPA may provide advance notification to PDA prior to conducting planned EPA inspections on farms in Pennsylvania and prior to issuing any formal enforcement actions that may originate from the inspections. Where practicable EPA may invite PDA to accompany them on the farm inspection or field visit.\u201d\u00a0 The LOU is non-binding, with an initial term of five years. The parties will summarize their activities in an annual report.\u00a0\u00a0<\/span><\/p>\n APHIS Publishes National Poultry Improvement Plan Final Rule<\/span><\/p>\n On October 5, 2020, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a final rule titled \u201cNational Poultry Improvement Plan and Auxiliary Provisions\u201d (<\/span>85 FR 62559<\/span><\/a>).\u00a0 Among several changes, the rule conforms indemnity regulations for low pathogenic avian influenza to current policy practices and creates a U.S. Newcastle Disease Clean program.\u00a0 The rule becomes effective November 4, 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>Applications<\/span>\t<\/span><\/span>\t<\/span><\/span>(as of 10\/4\/20)<\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>$104,772,996<\/span>\t<\/span><\/span>\t<\/span><\/span> 2,742<\/span><\/p>\n Livestock<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>$33,801,788<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,835<\/span><\/p>\n Non-Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 $22,469,609<\/span>\t<\/span><\/span>\t<\/span><\/span> 4,989<\/span><\/p>\n Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>$8,400,312<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>167<\/span><\/p>\n Aqua Nursery Flora <\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 $1,015,420<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>20<\/span><\/p>\n TOTALS<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0 <\/span>\t<\/span><\/span>$170,460,125<\/span>\t<\/span><\/span>\t<\/span><\/span>13,753<\/span><\/p>\n PENNSYLVANIA CFAP 2<\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span>
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