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Jan. 2, 2024 Source: National Agricultural Law Center In the world of agricultural law, 2023 was a year for significant developments and changes. In summary below, attorneys at the National Agricultural Law Center have identified and compiled the top legal and policy developments that affected agriculture this year, including many that will do so in years to come. 1. This was a major year for waters of the United States, or WOTUS, the Clean Water Act ("CWA") term that determines the jurisdiction of the Act and which waters are subject to CWA permitting. 2. A case challenging "Prop 12" was decided earlier this year by the Supreme Court. Proposition 12, a California ballot initiative, regulated the production and sale of many veal, egg, and pork products- regardless of where the products were produced. 3. On November 16, a one-year extension of the 2018 Farm Bill, technically known as the Agriculture Improvement Act of 2018, was signed into law. 4. This year, EPA has continued to roll out its updated ESA-FIFRA policy detailing how the agency will meet its Endangered Species Act responsibilities while taking action under the Federal Insecticide, Rodenticide, and Fungicide Act. 5. In 2023, the Arkansas state legislature enacted a foreign ownership law which seeks restricts investors from certain countries, including China, from acquiring an interest in land within the state. 6. Concerns about competition in the livestock and poultry industries has been a theme of 2023. The Biden Administration has focused on regulations strengthening provisions of the Packers and Stockyards Act, with more upcoming in the new year. 7. Issues around water use and the Colorado River continued to heat up as Lakes Powell and Mead, the two reservoirs that all seven states located in the Colorado River Basin rely on, remained at historically low levels. 8. The right-to-repair movement gained traction as farmers continued to advocate for the right to access manufacturer-controlled tools and information. 9. The goals of industrial hemp production have changed dramatically. Three years ago, the emphasis for hemp growers was the production of CBD but in the past year the market has shifted to Delta-8 THC. 10. Civil litigation over pesticides picked up steam with juries in Missouri and Pennsylvania awarding over $2 billion to plaintiffs who claimed that exposure to the glyphosate in Roundup products caused them to develop cancer. Looking ahead to 2024, many of the top issues from this year will continue to develop. Additional areas to watch are the implementation of corporate transparency rules requiring disclosure of ownership interests in companies (including single member LLCs), proposed changes to the H2A program via the Department of Labor and Department of Homeland Security, and U.S. Supreme Court consideration of issues that could significantly impact the degree of deference future courts must give when reviewing agency actions. To read the entire article click here. Tweet |
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