News and Information

This part of the website will be devoted to more current issues and events pertaining to the firm's practice areas.  It is our intent to update this frequently.  We welcome your visits and comments.  

Sugar Beet Ruling Delayed

Sugar Beet Farmers Still in Limbo

Friday, March 5, 2010. According to the Capital Ag Press, Friday morning’s hearing  regarding the GMO sugar beet injunction was a non-event. Instead of the anticipated decision on whether to grant the plaintiffs’ temporary injunction to stop the planting of genetically modified sugar beets, the issue was taken under further advisement by Judge White. The Judge had solicited over two hours of arguments by both sides to determine whether, under traditional…

Final Rule on Poultry Contracts Issued

Final Rule Will Add More Transparency to Poultry Market

Dec. 3, 2009. The Grain Inspection, Packers and Stockyard Administration (GIPSA) promulgated a final rule that was published on December 3, 2009 at 74 Fed. Reg. 63271 that takes aim at the lack of transparency in the poultry market.

GIPSA asserted that the current poultry market, due to vertical integration and high concentration, have put poultry growers in an inauspicious position in regards to contracting. The poultry grower has very…

Climate Change Legislation Passes House

The American Clean Energy and Security Act of 2009 (ACES)

On June 26, 2009, the Waxman-Markey Climate Change Bill, now named the American Clean Energy and Security Act of 2009 (H.R. 2454) (“ACES”) narrowly passed the House after a compromise that included an amendment sponsored by agricultural interests. The Bill touts very lofty goals with respect to climate change and the reduction of greenhouse gases and has strong support from the Obama Administration. Some of the goals of the House version…

Stay Granted in NCC V. EPA 

SIXTH CIRCUIT GRANTS EPA REQUEST FOR TWO-YEAR STAY

May 2009.  The 6th Circuit Court of Appeals has granted a motion made by the EPA to stay the Court's decision in NCC v. EPA for two years -- until April 9, 2011.  EPA asked for the stay indicating it needed time to develop a permitting process that could comply with the original ruling of the 6th Circuit.  

In the original decision in National Cotton Council of Amer. V. EPA, No. 06-4630 (Jan. 7, 2009), the 6th Circuit struck down a regulatory…

Vilsack Restores Base Acreage on Federally-owned Land

USDA RESCINDS BASE ACREAGE TERMINATION ON FEDERAL LAND

On April 2, 2009, Agriculture Secretary Vilsack rescinded the rule that was to immediately terminate base acres on federally owned lands. The December 23, 2008 rule, had it remained in effect, would have made any federally-owned land that was leased ineligible to receive direct payments and counter-cyclical payments beginning with the current crop year.  Vilsack stated that the rule “would have hurt farmers across the United States and…

Tennessee Announces Online Registration Program for Beekeepers

TENNESSEE BEEKEEPER REGISTRATION

The Tennessee Agriculture Commissioner has established an online registration program to assist beekeepers in meeting state registration requirements for beekeepers/apiarists.  Under Tennessee law, beekeepers must register with the state and re-register every three years.  The State Apiarist uses the registration information to contact beekeepers if there is a disease outbreak or to notify beekeepers of possible aerial pesticide spraying in their area.

More…

6th Circuit Strikes Down Permitting Exemption for Pesticides / EPA to Modify Commodity Residue Rules

PESTICIDE RESIDUES / CLEAN WATER ACT PERMITTING 

January 2009. The Environmental Protection Agency notified the public they it has received an initial filing of a pesticide petition that will establish and modify regulations for residues of pesticide chemicals in or on various commodities under the Federal, Food, Drug, and Cosmetic Act (FFDCA). (74 Fed. Reg. 808, January 8, 2008). Potentially affected groups include farmers, food manufacturers, and pesticide producers. The agency is seeking…

USDA Announces Termination of Base on Federally owned Land

USDA Announces Termination of Base Acres on Federally Owned Land

January 2009.  In the general regulation implementing direct and counter-cyclical payment programs for the 2009 and subsequent crops and in a recent Farm Service Agency Notice (FSA Notice DCP-204) the U.S. Department of Agriculture announced it would unilaterally terminate base acres beginning with the 2009 crop on all land owned by the Federal Government, whether or not such land was owned directly by USDA or another agency, such…

Significant farm program regulations issued

USDA issues interim rules on ACRE Program, Direct and Counter-Cyclical Programs and Payment Limitations

Dec. 27, 2008.  The U.S. Department of Agriculture filed two interim regulations with the Federal Register just prior to the Christmas holiday.  The regulations are scheduled to be printed in the Federal Register on Monday, December 28, 2008.

Interim regulations implementing the Direct and Counter-Cyclical Payment Programs and the Average Crop Revenue Election Program were filed with an…

Alternative Energy Crops Strategy in Mid-South

Memphis Bioworks Developing Regional Strategy for Biobased Products in the Mississippi Delta

The Memphis Bioworks Foundation is working to make the production of biobased fuels in the mid-south region a reality.  Bioworks has procured the servides of BioDimensions, Inc., to develop an implementation strategy for the regional production of alternative energy crops that will utilize regional farmers to produce small acreages of alternative energy crops, generating important field research…

Pilot Switchgrass Ethanol Plant in Tennessee

Pilot Switchgrass Ethanol Plant to be Built in Tennessee 

According to the Domestic Fuel Alternative Fuel News, a new pilot plant designed to test the use of switchgrass as a feedstock for cellulosic ethanol is to be developed by a partnership between the University of Tennessee and DuPont Danisco Cellulosic Ethanol, LLC.  The partnership, Genera Energy, broke ground on the facility on October 14 in East Tennessee.

USDA Proposes Changes to Organic Standards for Livestock

National Organic Program -- Access to Pasture -- USDA Proposed Rule

The Department of Agriculture, on October 24, 2008 (73 F.R. 63584) issued a proposed rule amending existing rules concerning organic livestock production.  The rule would specify that producers are to provide livestock and "ruminant animals" with pasture, it recognizes pasture as a crop, and requires that pasture be incorporated into producers' organic plans.  The proposed rule is premised upon the belief that consumers expect…

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