At the 2024 MACA Annual Meeting, Harrison Pittman, Director of the National Agricultural Law Center, delivered a comprehensive overview of the current legal landscape affecting agriculture. His presentation covered several key areas that are shaping the industry’s regulatory and legal environment.
Agency Deference and Chevron Doctrine
One of the most significant developments Pittman discussed was the recent overturning of the Chevron Doctrine by the Supreme Court. This decision marks a major shift in how federal agencies’ interpretations of statutes will be evaluated by courts.
Pittman discussed the importance of this change, telling the audience, “This is a massive change in the legal system and for any industry that deals with the level of regulation that [the crop protection industry] deals with, this is a massive decision. It will take decades to sort this out.”
This change could have far-reaching implications for agricultural regulations, potentially leading to increased litigation and uncertainty in areas where agencies like the EPA have traditionally held significant interpretive power.
Prop 12 and Interstate Commerce
Pittman highlighted the Supreme Court’s decision on California’s Proposition 12, which upheld the state’s ability to impose animal welfare standards on out-of-state producers selling products in California. He explained:
“California went a step farther [than mandating only to California farmers] and said, it doesn’t just apply to California producers. It applies whether you’re in Iowa or Minnesota or anywhere else, Arkansas. If you’re going to sell those products into California, you as a producer of the states, have to produce in accord with these standards.”
This ruling has significant implications for interstate commerce and could potentially open the door for states to regulate agricultural practices beyond their borders.
Waters of the United States (WOTUS)
The presentation also touched on what Pittman calls the ongoing saga of defining “Waters of the United States” under the Clean Water Act.
“Pay attention to this because it’s not necessarily a question of whether these waters are regulated. It’s a question of who is going regulate,” he told attendees as a key takeaway.
This shift could result in a patchwork of regulations across different states, with some potentially implementing more stringent rules than the federal standard.
Fourth Amendment and Agricultural Inspections
Pittman shared the potential for Fourth Amendment challenges in agricultural inspections, particularly in light of new regulations stemming from the Endangered Species Act.
As regulatory oversight increases, especially in areas with endangered species, there may be more scrutiny on how inspections are conducted and whether they constitute unreasonable searches or seizures.
Read more about the impact of the Endangered Species Act on the Crop Protection Industry.
Pesticide Litigation and Regulation
Pittman briefly touched on the ongoing wave of pesticide litigation.
“There are tens of thousands of lawsuits still in the court system just on the civil litigation side such as the personal injury and failure to warn claims,” he told attendees of the lengthy court battles and ongoing challenges.
He highlighted a recent development in the Third Circuit Court of Appeals, which created a circuit split on the issue of federal preemption in pesticide labeling cases. This split increases the likelihood of the Supreme Court taking up the issue, potentially having significant implications for future pesticide litigation.
Foreign Ownership of Agricultural Land
The presentation concluded with an overview of the rapidly evolving landscape of foreign ownership restrictions on agricultural land. Pittman noted a significant increase in state-level legislation addressing this issue.
The conversation highlighted the evolving restrictions by states on foreign ownership of agricultural land in the U.S., from 2021 through current day. Pittman showed how the number of states with restrictions on foreign ownership has grown substantially, with many states who were previously silent on the issue now enacting laws against foreign ownership of agricultural land.
Pittman also noted that many of these new laws include exceptions for research purposes, likely to avoid hampering technological development in the agricultural sector. He concluded by mentioning that while the issue has become more focused on specific countries, it remains an active area of legislative interest, with potential for further developments at the federal level.
Read more about current legislation.
Pittman’s presentation set the tone for the quality of education and presentation provided at the 20204 MACA Annual Conference. The discussion and awareness of critical legal issues facing the agriculture industry helped to serve as a reminder for attendees and the companies they represent, to remain vigilant and proactive in the navigation of the evolving complexities of agricultural laws and oversights.