\n<\/p>\n
Written by:\u00a0 <\/span> Brook Duer\u2014Staff Attorney<\/span> Want to listen to this Weekly Review? Check out the <\/span>Agricultural Law Podcast<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n Water Quality: Lawsuits filed against EPA over Pa and NY Chesapeake Bay\u00a0<\/span><\/p>\n On September 10, 2020, the Chesapeake Bay Foundation and the states of Maryland, Virginia, Delaware, and the District of Columbia filed separate complaints against the U.S. Environmental Protection Agency (EPA) seeking to invalidate New York and Pennsylvania\u2019s Chesapeake Bay Agreement nutrient reduction plans and compel EPA Secretary Andrew Wheeler to ensure state compliance with the Chesapeake Bay Agreement nutrient reduction goals.\u00a0 (<\/span>Chesapeake Bay Foundation, Inc. v. Environmental Protection Agency<\/span><\/a>, <\/span>No. 1:20-cv-02529<\/span><\/a>; <\/span>State of Maryland v. Wheeler<\/span><\/a>, <\/span>No. 1:20-cv-02530<\/span><\/a>).\u00a0 Filed in the U.S. District Court for the District of Columbia, the complaints allege that Pennsylvania and New York submitted Phase III Watershed Improvement Plans (WIP) that facially \u201cfailed to attain levels of pollution reduction required by the Bay [Total Maximum Daily Load] by 2025\u201d and that EPA\u2019s approval of the plans \u201censur[e] that Bay water quality will not be restored by 2025.\u201d\u00a0 <\/span>See <\/span>\u201c<\/span>Chesapeake Bay Program Announces TMDL Progress Since 2009<\/span>,\u201d Agricultural Law Weekly Review\u2014<\/span>week ending August 21, 2020<\/span><\/a>.<\/span><\/p>\n Food Safety: USDA Issues Egg Products Inspection Final Rule<\/span><\/p>\n On September 9, 2020, the U.S. Department of Agriculture\u2019s (USDA) Food Safety and Inspection Service (FSIS) <\/span>announced<\/span><\/a> the forthcoming publication in the Federal Register of a final rule titled \u201c<\/span>Egg Products Inspection Regulations<\/span><\/a>.\u201d\u00a0 The final rule, published as proposed on February 13, 2018 (<\/span>83 FR 6314<\/span><\/a>), removes current\u00a0 \u201cprescriptive\u201d regulations and requires plants that process egg products to develop and implement Hazard Analysis and Critical Control Point (HACCP) Systems and Sanitation Standard Operating Procedures (Sanitation SOPs), and satisfy <\/span>sanitation requirements<\/span><\/a> consistent with FSIS meat and poultry regulations. Through the final rule, FSIS is \u201casserting jurisdiction over egg substitutes and freeze-dried egg products.\u201d Other changes include the requirement that pasteurized egg products be processed to \u201cbe edible without additional preparation to achieve food safety,\u201d and interpreting \u201ccontinuous inspection\u201d to \u201cprovide for the presence of inspectors at official plants . . . at least once per shift,\u201d consistent with meat and poultry processing.\u00a0 Additionally in the final rule, FSIS announced its publication of two guidance documents designed to aid small plants in meeting the pasteurization requirements of the rule: <\/span>Egg Products Hazards and Controls Guide<\/span><\/a>, on which FSIS will seek comment during a 60-day comment period after the rule\u2019s publication, and <\/span>FSIS Food Safety Guideline for Egg Products<\/span><\/a>.\u00a0 While the rule becomes effective 60 days after publication, the compliance date for sanitation SOPs and HACCP regulations are one year and two years after publication, respectively.\u00a0<\/span><\/p>\n WOTUS: Oregon Federal Court Denies WOTUS Rule Injunction\u00a0<\/span><\/p>\n On August 7, 2020, the U.S. District Court for the District of Oregon, in a ruling from the bench, <\/span>denied without prejudice<\/span><\/a> a motion for preliminary injunction against the June 22, 2020 Navigable Waters Protection Rule defining \u201cWaters of the United States\u201d (<\/span>85 FR 2225<\/span><\/a>).\u00a0 In its <\/span>Motion for Preliminary Injunction<\/span><\/a> filed June 8, 2020, the Oregon Cattlemen\u2019s Association (OCA) sought an injunction against the words \u201cor intermittent\u201d in the definition of \u201ctributary\u201d (<\/span>33 CFR \u00a7 328.3(c)(12)<\/span><\/a>) and against the definition of \u201cadjacent wetlands\u201d (<\/span>33 CFR \u00a7 328.3(c)(1)(ii)-(iv)<\/span><\/a>).\u00a0 For related developments, s<\/span>ee <\/span>\u201c<\/span>6th Circuit Dismisses WOTUS Challenge as Moot<\/span>,\u201d Agricultural Law Weekly Review\u2014<\/span>week ending August 14, 2020<\/span><\/a> <\/span>and<\/span> <\/span>\u201c<\/span>Colorado Federal Court Grants WOTUS Rule Injunction<\/span>,\u201d Agricultural Law Weekly Review\u2014<\/span>week ending June 26 , 2020<\/span><\/a>.<\/span><\/p>\n COVID-19:\u00a0 Coronavirus Food Assistance Program (CFAP) Pennsylvania Data\u00a0<\/span><\/p>\n Every Monday, USDA updates its <\/span>publicly available data<\/span><\/a> on aggregate <\/span>Coronavirus Food Assistance Program<\/span><\/a> (CFAP) payments.\u00a0 Pennsylvania totals as of <\/span>September 14, 2020<\/span>, are below:\u00a0\u00a0<\/span><\/p>\n PENNSYLVANIA<\/span>\t\u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span><\/span><\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span>\t<\/span><\/span>Applications<\/span>\t<\/span><\/span>\t<\/span><\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t\u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span><\/span><\/span>$104,851,287<\/span>\t<\/span><\/span>\t<\/span><\/span> 2,720<\/span><\/p>\n Livestock<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0<\/span>\u00a0<\/span><\/span>$33,027,294<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,622<\/span><\/p>\n Non-Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>$22,179,709<\/span>\t<\/span><\/span>\t<\/span><\/span> 4,884\u00a0\u00a0<\/span><\/p>\n Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/u>$7,423,973<\/u><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0 <\/span>148 <\/span>\t<\/span><\/span><\/u>\t<\/span><\/span>\u00a0<\/span><\/p>\n TOTALS<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0 <\/span>\t<\/span><\/span>$167,700,145<\/span>\t<\/span><\/span>\t<\/span><\/span>13,374<\/span><\/p>\n From National Ag Law Authorities & Sources:\u00a0<\/span><\/p>\n Tiffany Lashmet, <\/span>2020 USDA NASS Cash Rental Rate Survey Results Published<\/span><\/a> (Sept. 8, 2020).\u00a0<\/span><\/p>\n Brigit Rollins, <\/span>Conservation Clarified: USDA Issues New Rules For Conservation Provisions<\/span><\/a> (Sept. 10, 2020).\u00a0<\/span><\/p>\n Peggy Kirk Hall, <\/span>Cropland Values and Cash Rents for Western Ohio: Survey Results Are In<\/span><\/a> (Sept. 11, 2020).\u00a0<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n Penn State Researchers to Study Novel Coronavirus Potential to Infect Livestock<\/span><\/a> (Sept. 9, 2020).\u00a0<\/span><\/p>\n Penn State Extension Food-Safety Training Given in Ukraine Has a Lasting Benefit<\/span><\/a> (Sept. 9, 2020).\u00a0<\/span><\/p>\n AGENCY PRESS RELEASES\u2014STATE\/FEDERAL\u00a0<\/span><\/p>\n Pennsylvania Department of Agriculture Press Releases:<\/span><\/p>\n Department of Agriculture Releases COVID-19 Restaurant Enforcement Actions, August 31-September 6<\/span><\/a> (Sept. 9, 2020).\u00a0<\/span><\/p>\n Department of Agriculture, Partners Urge Pennsylvanians to Squash Spotted Lanternflies Today for Future Food Security<\/span><\/a> (Sept. 10, 2020).\u00a0<\/span><\/p>\n U.S. Department of Agriculture (USDA) Press Releases:<\/span><\/p>\n USDA Seeks Nominations for the Task Force on Agricultural Air Quality Research<\/span><\/a> (Sept. 8, 2020).\u00a0<\/span><\/p>\n USDA Approves D-SNAP for Louisiana Disaster Areas<\/span><\/a> (Sept. 8, 2020).\u00a0<\/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