Insights on Agriculture & AgTech

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Monarch Butterfly and Designation of Critical Habitat, 89 Fed. Reg. 100662, et seq. The proposed rule, if it becomes final, could have significant impacts on agriculture in the United States.

There is significant potential that the Congressional Review Act (CRA) will play a prominent role in the early weeks of the Trump Administration. Below, we will break down what the CRA is, when it applies, and how it may be deployed by the incoming US Congress to further Trump Administration regulatory priorities.

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

AgTech Associate Rebecca Foreman will present at the American Agricultural Law Association’s (AALA) 2024 Annual Educational Symposium in Memphis, Tennessee, on November 9, 2024.

The United States awoke on November 6 to a changed and improbable political landscape. The nation has re-elected Donald J. Trump as President and has given him a US Senate Republican majority and potentially a US House of Representatives Republican majority as well. As fatigued and steadfast local and state election workers continue to sort through ballots, we continue to look to the finalization of tallies for some remaining Senate and House races to determine the nature and size of Congressional majorities.

On July 2, the US Department of Agriculture (USDA) Animal and Health Inspection Service (APHIS) published a Request for Information (RFI) seeking public comment on the improvement of regulatory processes governing genetically engineered microorganisms — referred to as ‘modified microbes.’

In the words of rapper Kendrick Lamar, “Money trees is the perfect place for shade and that’s just how I feel.”

Companies commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response.

FDA Practice Leader and AgTech Industry Group Co-Leader Karen Carr will speak on a panel on treated seeds at the 2024 CropLife America and RISE Spring Regulatory Conference on April 17, 2024.

The Federal Communications Commission (FCC) has announced the new members of the four “Working Groups” that will continue to assist its Precision Agriculture Connectivity Task Force.

On March 14, 2024, Corteva Agriscience LLC (Petitioner) filed an antidumping duty (AD) and countervailing duty (CVD) petitioners on 2,4-Dichlorophenoxyacetic Acid (2,4-D) from the People’s Republic of China and India.

ArentFox Schiff will host the Food Policy Impact Summit at our Washington, DC, office on February 27-28, 2024. FDA Practice Leader Karen Carr and Partner Rachel Remke will present on timely developments impacting the food and nutrition regulatory landscape.

On November 2, 2023, the US Court of Appeals for the Eighth Circuit vacated a 2021 decision by the US Environmental Protection Agency (EPA) that had halted the use on agricultural crops of the pesticide product known as chlorpyrifos.

AgTech Industry Group Co-Leader Karen Carr will present on two panels at the American Agricultural Law Association’s (AALA) 2023 Annual Educational Symposium in Charlotte, North Carolina, on November 9-11.

Effort Supports $1 Billion Commitment to Facilitate Deployment of Wireless AgTech Networks

The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental assessments before taking “major federal actions.”

The Federal Communications Commission (FCC) has announced the next public meeting of its Precision Agriculture Connectivity Task Force, scheduled for July 11, 2023.

AgTech Industry Group Co-Leaders Karen Carr and Alexander Spiegler will speak at the International Bar Association’s 9th Annual IBA World Life Sciences Conference.

Many major companies have announced a blueprint to minimize their carbon footprint. Some companies have gone so far as to proclaim that they will achieve “net zero” emissions in the near future. To accomplish their climate goals, many have turned to purchasing products called “carbon offset credits.

The Federal Communications Commission (FCC) has announced the next public meeting of its Precision Agriculture Connectivity Task Force (Task Force), which has been scheduled for March 28, 2023.

A bipartisan group of lawmakers in Congress is set to introduce a bill that if enacted would direct CFIUS to consider the needs of the agriculture industry when reviewing foreign investment and ownership in domestic businesses.

ArentFox Schiff will host the Food Policy Impact Conference at our Washington, DC, office on February 7-8. AgTech Industry Group Co-Leader Karen Carr is scheduled to present.

The principal legislative focus for the agriculture sector in 2023 will be the new Farm Bill, which sets the policies for most of the country’s agriculture programs, authorizing mandatory and discretionary spending for assistance related to food and farms.

The Republican leadership in the US House of Representatives has named Rep. Andy Harris (R-MD-1) chair of the Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration. As its name suggests, the Subcommittee has jurisdiction over the US Department of Agriculture.

On January 20, 2023, the US Food and Drug Administration’s (FDA) final rule on food traceability will take effect. Regulated entities will have a three-year compliance period, with a current compliance date of January 20, 2026. But what exactly will companies have to do to comply with the new rule?