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Major Restructuring of the US Department of Health and Human Services

On March 27, the US Department of Health and Human Services (HHS) announced a significant restructuring initiative in accordance with President Trump’s Executive Order, “Implementing the President’s Department of Government...more

Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental...more

Nebraska Introduces First-of-its-Kind Privacy Bill Aimed at Protecting Agricultural Data

On January 22, Nebraska state Senator Mike Jacobson (R), at the request of Governor Jim Pillen (R), introduced the Agriculture Data Privacy Act (LB525). This is a first-of-its kind privacy bill that would specifically...more

Executive Orders – One of the Building Blocks of Federal Action

Every president since George Washington has used the power of the executive order to achieve policy goals, set uniform standards for managing the executive branch of government, or influence the behavior of private citizens....more

United States Prevailed in USMCA Dispute Against Mexico on Genetically Modified Corn

The United States has prevailed in a dispute against Mexico under the United States-Mexico-Canada Agreement (USMCA) concerning genetically modified (GM) corn....more

Why the Congressional Review Act May Play a Major Role in Early Weeks of the Trump Administration

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...more

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

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...more

USDA’s Biotechnology Regulator Issues Much-Anticipated RFI on Regulation of Modified Microbes

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...more

FCC Announces November 6 Meeting of Precision Agriculture Connectivity Task Force

Effort Supports $1 Billion Commitment to Facilitate Deployment of Wireless AgTech Networks - The Federal Communications Commission (FCC) has announced the next public meeting of its Precision Agriculture Connectivity Task...more

10/9/2023  /  Broadband , FCC , Public Meetings , USDA

Biden Administration Proposes Significant Changes to Regulations Implementing the National Environmental Policy Act

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...more

Rise in VCM Business May Trigger CFTC Oversight on Sales of Carbon Offset Credits

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...more

FCC Announces March 28 Meeting of Precision Agriculture Connectivity Task Force

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....more

Proposed Legislation Would Authorize CFIUS to Scrutinize Farmland Purchases by Foreign Buyers

A bipartisan group of lawmakers in Congress is set to introduce a bill that if enacted would direct the Committee on Foreign Investment in the United States (CFIUS) to consider the needs of the agriculture industry when...more

2023 Federal Forecast – Agriculture

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...more

What Can the Agriculture Sector Expect from Rep. Andy Harris on Agriculture and BioTech Appropriations

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,...more

Where In the World Did My Food Come From: FDA’s Food Traceability Rule Takes Effect

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,...more

US Patent Office Seeks to Positively Impact Climate by Accelerating Examination

The Biden Administration is using a comprehensive set of tools to stick closely to campaign promises around — and the public demand for — climate action. Recently, the US Patent and Trademark Office (USPTO) announced...more

Ninth Circuit Finds Hydroponically Grown Crops Can Be "Organic" as Advocated by ArentFox Schiff

Hydroponic production has become increasingly popular in American agriculture. Historically, fruits and vegetables had been grown exclusively on traditional soil-based farms. Hydroponics, by contrast, are typically grown in...more

10/3/2022  /  Agribusiness , Appeals , Crops , Farms , Food Labeling , NGOs , Organic , USDA

California Federal Court Substantially Upholds Bioengineered Food Disclosure But Remands QR Code and Text Message Disclosure...

On September 13, 2022, a federal court in San Francisco decided an NGO-led challenge to the US Department of Agriculture’s (USDA) final rule establishing a national standard for the disclosure of bioengineered foods. At the...more

Biden's Executive Order Focusing on Biotechnology Offers Opportunities for AgTech Industry

President Biden has revealed the next areas of focus in his effort to protect the United States’ technological leadership and economic competitiveness: biotechnology, biomanufacturing, and the bioeconomy....more

EU Seeks Input on Policy for Plants Developed Using New Genomic Techniques

In July 2018, the Court of Justice of the European Union (ECJ), the EU’s Highest Court, issued a decision clarifying whether the EU would regulate products of innovative breeding techniques, like gene editing, under the EU’s...more

From Farm to Runway – The Rise of Regenerative Farming in Fashion

Environmentally responsible fashion has become a key marketing signal for many global brands, with advertising claims such as “sustainable,” “responsibly sourced,” “organic,” and “recycled” cropping up throughout the fashion...more

First Genome-Edited Beef Cattle Cleared for Marketing by FDA

On March 7, 2022, the US Food and Drug Administration (FDA), operating under its New Animal Drug Authority, took a new, important regulatory step forward in assessing genome editing in animals. Specifically, the Agency...more

FCC Announces Working Group Members for Its Precision Agriculture Connectivity Task Force

As you know, in our recent Alert, we addressed the announcement of the members of the FCC's Precision Agriculture Connectivity Task Force ("Task Force). Now, the FCC has announced the new members of the four "Working Groups"...more

2/23/2022  /  Broadband , FCC , Working Groups

2022 Sparks Opportunity for AgTech Certified B Corps With Environmental, Social, and Corporate Governance (ESG) Goals

The role of environmental, social, and corporate governance (ESG) factors in capital allocation and investment decisions are poised to take center stage in 2022. A trend that entered the mainstream with a statement from the...more

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