ONLINE — The symposium consists of four hours of educational webinars on current important topics in agricultural law presented by the Center’s legal staff. Symposium sessions are free and open to the public and will be conducted via Zoom on Tuesday, January 10, 2023, from 1:00 pm–3:15 pm (ET) and on Thursday, January 12, 2023, from 1:00 pm–3:15 pm (ET). Four hours of substantive Pennsylvania CLE credits are available for licensed attorneys at no cost to attendees.
The symposium’s first afternoon starts with an hour focusing on bringing attendees fully up to date on 2022’s biggest agricultural law and policy developments. The year 2022 has been monumental in many sectors, particularly in the conservation field with major and unprecedented funding and legislation connecting conservation practices, carbon, and our climate.
The second hour on day one will be a deep dive into the two U.S. Supreme Court cases in which decisions will likely be rendered in the coming months: (a) Sackett v. EPA defining the future direction of a WOTUS definition; and (b) National Pork Producers v. Ross defining the future direction of Commerce Clause limitations on states’ regulation of commodity production and marketing.
Day two will begin with an in-depth breakdown of the class-action antitrust multi-district litigation pending in the federal courts against the nation’s major poultry, pork, and beef processors. The symposium’s final hour will be devoted to agriculture and environment with a split session covering both the status of EPA’s glyphosate and dicamba product registrations and related litigation, as well as a current snapshot of Pennsylvania’s countdown to the Chesapeake Bay’s 2025 nutrient reduction goals.
Tuesday, January 10, 2023 (1:00–3:15pm)
1:00–2:00pm Agricultural Law: The Year 2022 in Review
A review of the major federal and state legal developments across all three branches of government affecting agriculture in 2022.
2:15–3:15pm U.S. Supreme Court Deep Dive: Searching for Clarity in WOTUS and the Dormant Commerce Clause
Sackett v. EPA seeks to define the Clean Water Act’s phrase “waters of the United States” and National Pork Producers Council v. Ross questions whether the dormant Commerce Clause prohibits California’s in-state pork sales restrictions, which largely affect out-of-state producers. Oral argument was presented for both cases in October, although the Court may not issue an opinion until the end of its term. We’ll review the precedent case law, history, and arguments of each case as we wait for the final verdicts.
Thursday, January 12, 2023 (1:00–3:15pm)
1:00-2:00pm Agricultural Antitrust: Protein Sector Spotlight
The Poultry, Pork, and Beef sectors are each entangled in federal multi-district class action litigation and facing Department of Justice investigations and enforcement for alleged price-fixing and conspiracy. Learn the details in this session.
2:15-3:15pm Agriculture & the Environment: 2022 in Pesticides & the Chesapeake Bay
First, we’ll review EPA’s continuing glyphosate and dicamba registration federal litigation. Then, we’ll provide a complete update on Pennsylvania’s compliance status in the countdown to Chesapeake Bay’s 2025 restoration goals deadline, including potential ramifications for non-compliance from EPA.
–Penn State Center for Agricultural and Shale Law