Tomorrow: Sept. 26, Understanding the Basics of U.S. Grain Dealer Statutes

Next Week: Sept. 30, AgWorks: Foundations of the Employer–Employee Relationship (No Atty CLE available)

Regulatory Policy: Federal Court Issues Summary Judgment in Favor of Terminated Federal Employees 🌾
On September 12, 2025, the U.S. District Court for the Northern District of California issued an order granting in part summary judgment in favor of the plaintiff federal employees in a case challenging the Office of Personnel Management’s (OPM) action in “early 2025 . . . direct[ing] agencies across the federal government to terminate their probationary employees en masse.” Am. Federation Gov. Empl., AFL-CIO v. U.S. Office of Personnel Management, No. 3:25-cv-01780. Although the court granted “[d]eclaratory judgment that OPM lacked the authority to direct other agencies to terminate their probationary employees,” stating that OPM  “violated the [Administrative Procedure Act] when it did so,” the court declined to “set aside OPM’s unlawful directive and unwind its consequences, returning . . . probationers to their posts.” The court stated, “[T]oo much water has now passed under the bridge since the Supreme Court stayed this Court’s preliminary injunction reinstating probationary employees. The terminated probationary employees have moved on with their lives and found new jobs. Many would no longer be willing or able to return to their posts. The agencies in question have also transformed in the intervening months by new executive priorities and sweeping reorganization.  Many probationers would have no post to return to.” However, the court determined that the plaintiff employees “nevertheless continue to be harmed by OPM’s pretextual termination ‘for performance,’” which the court found “can be redressed without reinstatement” and ordered the defendant agencies to, by November 14, 2025, “update each terminated probationary employee’s personnel files . . . to reflect that their termination was not performance or conduct based” and “issue corrective notices to terminated probationers stating that ‘You were not terminated on the basis of your personal performance.’” See also ALWR—Mar. 18, 2025, “Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees.” 

Agricultural Data: National Grain and Feed Association Publishes ‘Harvest Economy’ Study
On September 18, 2025, the National Grain and Feed Association (NGFA) announced the publication of its new study, The Harvest Economy, which NGFA states, depicts “the vital role the U.S. grain and feed industry plays in powering jobs, tax revenues, and economic growth across America.” According to study data, in Pennsylvania, the grain and feed industry accounts for approximately 17,300 jobs; $1.2 billion in wages; $446 million in federal, state, and local tax revenue; and $6.5 billion in total economic impact.

Water Quality: Environmental Groups Seek Review of EPA Meat, Poultry Effluent Limitations Rule Withdrawal
On September 16, 2025, several environmental groups filed in the U.S. Court of Appeals for the Ninth Circuit a petition seeking review of the U.S. Environmental Protection Agency’s (EPA) decision “not to finalize revised effluent limitation guidelines . . . or promulgate standards for the Meat and Poultry Products industrial point source category,” which EPA published in the Federal Register on September 3, 2025 (90 FR 42538). Cape Fear River Watch v. U.S. Environmental Protection Agency, No. 25-5819. See also ALWR—Sept. 16, 2025, “Water Quality: EPA Withdraws 2024 Meat and Poultry CWA Effluent Limitations Proposed Rule.”

 

___________________________________________________

aglaw.psu.edu | Facebook | Twitter@AgShaleLaw | YouTube | LinkedIn

Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:

Sept. 26, 2025, Understanding the Basics of U.S. Grain Dealer Statutes

Oct. 24, 2025, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law

Nov. 21, 2025, Understanding the Basics of Cell Cultured Foods & Labeling Laws

Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application

Quarterly Dairy Legal Webinar Series. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:

Oct. 14, 2025, 3rd Quarter 2025 Quarterly Dairy Legal Webinar

Mid-Atlantic Ag & Resource Law Conference with WVU Extension—October 28–29, 2025. In-person at National Conservation Training Center, Shepherdstown, WV. Registration Available.

Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.

Register or Refer an Ag Business for AgWorks: Connecting Agricultural Businesses to Workforce Services and Training. From 2025 to 2027, the Penn State Center for Agricultural and Shale Law and Penn State Extension will collaborate with farms and agriculture-related businesses to strengthen the workforce system. AgWorks will provide 100 registered small- to medium-sized Pennsylvania farms and agribusinesses with no-cost training and consultation to ensure business sustainability.

AgWorks webinars and workshops:

Resources of Interest:

Nat’l Agric. Law Ctr., 2023 AEWR Rule Vacated, Will Scobey (September 18, 2025)

Nat’l Agric. Law Ctr., ‘MAHA’ Movement: State Agency Actions and Consumer Legal Challenges, Emily Stone (September 16, 2025)

Univ. of Ill. Farm Policy News, EPA Proposes Biofuel Reallocation Options, Ryan Hanrahan (September 17, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, 2026 Crop Insurance Decision—A Cut and Paste from Last Year or Not?, Clint Schroeder & Eric Richer (September 16, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Time to Review Your Health Care Power of Attorney and Living Will, Robert Moore (September 19, 2025)

Southern Ag Today, Federal Estate Taxes, Succession Planning and the One Big Beautiful Bill, Rusty Rumley (Nat’l Agric. Law Ctr.) (September 19, 2025)

Tex. A&M Agric. Law Blog, Probate or Problems: Avoid Family Feuds with Estate Planning for Your Land, Tiffany Dowell Lashmet (September 15, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 38—September 20, 2025):  

Department of Conservation and Natural Resources

55 Pa.B. 6702 Notice: “Conservation and Natural Resources Advisory Council Public Meeting”

55 Pa.B. 6702 Notice: “Proposed Exchange of Property”

Department of Environmental Protection

55 Pa.B. 6781 Notice: “Agricultural Advisory Board Meeting Cancellation”

55 Pa.B. 6781 Notice: “Application for Reimbursement for Certified Host Municipality Inspectors under Act 101 (Section 1102), the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, and Act 108 (Section 304), the Hazardous Sites Cleanup Act of 1988”

55 Pa.B. 6702 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”

55 Pa.B. 6782 Notice: “Availability of Fiscal-Year Report for the Reclamation Fee O & M Trust Account”

55 Pa.B. 6782 Notice: “Bid Opportunity”

55 Pa.B. 6782 Notice: “Bid Opportunity”

PENNSYLVANIA LEGISLATURE

HR 317 “A Resolution recognizing the month of September 2025 as ‘Hunger Action Month’ in Pennsylvania.” Referred to Agriculture & Rural Affairs [House] (September 15, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

Senate Confirms Jess Kramer as EPA’s Assistant Administrator for Water (September 18, 2025)

EPA Prioritizes Review of New Chemicals Used in Data Center Projects, Supporting American Manufacturing and Technological Advancement (September 18, 2025)

ICYMI: Administrator Zeldin in The Hill: EPA Has a Huge Role in American AI Dominance (September 17, 2025)

Trump EPA Announces Next Steps on Regulatory PFOA and PFOS Cleanup Efforts, Provides Update on Liability and Passive Receiver Issues (September 17, 2025)

EPA Announces $3 Million in Funding to Reduce Lead in Tribal Drinking Water (September 16, 2025)

EPA Proposes Renewable Fuel Standards Supplemental Rule, Addresses Small Refinery Exemptions (September 16, 2025)

EPA Issues Air Permit for Offshore Deepwater Port for Crude Oil Export, Unleashing American Energy Dominance (September 15, 2025)

EPA Convenes AI Roundtable at White House, Administrator Zeldin Highlights Permitting Reform to Make U.S. the AI Capital of the World (September 15, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Mexico Confirms Case of New World Screwworm in Nuevo Leon (September 21, 2025)

USDA Terminates Redundant Food Insecurity Survey (September 20, 2025)

Secretary Rollins Announces New Slate of Political Appointments (September 19, 2025)

ICYMI: Secretary Rollins Pens Anchorage Daily News Op-Ed “Embarking on an America-First Seafood Strategy in Alaska” (September 18, 2025)

USDA and DOI Announce Bold Federal Reforms to Improve Nation’s Wildfire Response System (September 15, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

USDA Announces $3.38 Million in Grant Funding Awarded through Bison Production and Marketing Grant Program (September 18, 2025)

USDA Opens Annual U.S. Grain Exporter Registration for 2026 (September 18, 2025)

USDA Cites Lucero Produce LLC for PACA Violations (September 17, 2025)

USDA Alerts Produce Sellers: Increase in Imposter Fraud (September 15, 2025)

USDA Proposes Revisions to Seven U.S. Grade Standards for Canned Tomato Products (September 15, 2025)

Animal and Plant Health Inspection Service

USDA Confirms Highly Pathogenic Avian Influenza in Dairy Herd in Nebraska (September 15, 2025)

Farm Service Agency

Trump Administration Appoints George Turner to Serve as State Executive Director for USDA’s Farm Service Agency in Maryland (September 17, 2025)

USDA Accepts Nearly 1.8 Million Acres Through 2025 Conservation Reserve Program Enrollment (September 17, 2025)

Food Safety and Inspection Service

Constituent Update (September 19, 2025)

Residue Repeat Violators List (September 18, 2025)

USDA-Regulated Establishment Meeting, September 2025 (September 17, 2025)

Foreign Agricultural Service

Export Sales to Unknown Destinations (September 19, 2025)

Export Sales to Unknown Destinations (September 19, 2025)

Export Sales to Mexico (September 18, 2025)

Natural Resources Conservation Service

Turning Marginal Farmland into Lasting Value with CRP (September 19, 2025)

Finding a Delicate Balance Between Conservation and History (September 19, 2025)

USDA Seeks Public Comment on Grand River Project Environmental Assessment (September 15, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: September 15–19, 2025):

Agricultural Marketing Service

90 FR 45155 Proposed rule: “Watermelon Research and Promotion Plan; Realignment” (September 19, 2025)

90 FR 45117 Final rule: “Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate” (September 19, 2025)

90 FR 44360 Notice and request for comments: “Revision of Seven U.S. Grade Standards for Canned Tomato Products” (September 15, 2025)

90 FR 44313 Final rule: “Pears Grown in Oregon and Washington; Increased Assessment Rate for Fresh Pears” (September 15, 2025)

Environmental Protection Agency

90 FR 45207 Notice: “Proposed Information Collection Request; Comment Request” (September 19, 2025)

90 FR 45007 Supplemental proposed rule: “Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes; Supplemental Notice of Proposed Rulemaking” (September 18, 2025)

90 FR 44591 Proposed rule: “Reconsideration of the Greenhouse Gas Reporting Program” (September 16, 2025)

Farm Service Agency

90 FR 44623 Notice; removal of unconstitutional preferences based on race and sex in response to court ruling: “Agricultural Disaster Assistance Programs” (September 16, 2025)

90 FR 44299 Final rule: “Emergency Livestock Relief Programs” (September 15, 2025)

Food and Drug Administration

90 FR 45220 Notice of availability: “Safety Labeling Changes-Implementation of Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act; Draft Guidance for Industry; Availability” (September 19, 2025)

90 FR 45221 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request, Exemptions from Substantial Equivalence Requirements for Tobacco Products” (September 19, 2025)

90 FR 45229 Notice; request for information; extension of comment period: “Ultra-Processed Foods; Request for Information; Extension of Comment Period” (September 19, 2025)

90 FR 45225 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Environmental Impact Considerations” (September 19, 2025)

90 FR 45041 Notice: “Fee Rate for Using a Priority Review Voucher in Fiscal Year 2026” (September 18, 2025)

90 FR 44786 Proposed amendment; proposed order: “Proposal to Remove the Color Additive Listing for Use of Orange B on Casings or Surfaces of Frankfurters and Sausages” (September 17, 2025)

Food Safety and Inspection Service

90 FR 44361 Notice of availability and request for comments: “Availability of Guideline for Applying for Food Safety and Inspection Service Inspection” (September 15, 2025)

Rural Business-Cooperative Service 

90 FR 44363 Notice: “Notice of Funding Opportunity for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2026” (September 15, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.5473 “To amend the Agricultural Act of 2014 to require the Secretary of Agriculture to make certain advance partial price loss coverage payments for crop year 2025.” Referred to the House Committee on Agriculture (September 18, 2025)

H.R.5471 “To amend the National Aquaculture Act of 1980 to extend aquaculture programs under such Act, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture (September 18, 2025)

H.R.5468 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize capacity building grants for community college agriculture and natural resources programs.” Referred to the House Committee on Agriculture (September 18, 2025)

H.R.4386 “To amend the Federal Lands Recreation Enhancement Act to clarify entrance privileges for vehicles with respect to the America the Beautiful interagency pass.” Subcommittee Hearings Held (September 18, 2025)

H.R.4284 “Small Cemetery Conveyance Act” Subcommittee Hearings Held (September 18, 2025)

H.R.3633 “Digital Asset Market Clarity Act of 2025” Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs (September 18, 2025)

H.R.5442 “To build on America’s spirit of service to nurture, promote, and expand a culture of service to secure the Nation’s future, address critical needs of the Nation, and strengthen the civic fabric of American society.” Referred to the Committees on Education and Workforce, Armed Services, Foreign Affairs, Agriculture, Natural Resources, Ways and Means, Oversight and Government Reform, Veterans’ Affairs, Homeland Security, Intelligence (Permanent Select), House Administration, the Judiciary, and Energy and Commerce (September 17, 2025)

H.R.5419 “To direct the Secretary of the Interior and the Secretary of Agriculture to develop a plan for ensuring timely review of communications use authorizations, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture (September 17, 2025)

H.R.5367 “To amend the Consolidated Farm and Rural Development Act to provide for a pilot program under which development loans and loan guarantees may be made to beginning farmers and ranchers, and for other purposes.” Referred to the House Committee on Agriculture (September 15, 2025)

H.R.5365 “To amend the Food Security Act of 1985 with respect to the conservation reserve program, and for other purposes.” Referred to the House Committee on Agriculture (September 15, 2025)

H.R.5363 “To authorize the Secretary of Agriculture to carry out an initiative to develop, expand, and improve rural childcare, and for other purposes.” Referred to the House Committee on Agriculture (September 15, 2025)

H.R.1045 “Utah Wildfire Research Institute Act of 2025” Placed on the Union Calendar, Calendar No. 236 (September 15, 2025)

H.R.528 “Post-Disaster Reforestation and Restoration Act of 2025” Placed on the Union Calendar, Calendar No. 232 (September 15, 2025)

H.Res.712 “Expressing support for the designation of September 14, 2025, as ‘National Food is Medicine Day’” Referred to the Committees on Energy and Commerce and Agriculture (September 15, 2025)

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY 

S.2897 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to support the study of insects and pests that impact tropical plants, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (September 18, 2025)

S.2872 “A bill to amend the Agricultural Credit Act of 1978 to authorize assistance for emergency measures in response to pine beetle outbreaks, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (September 18, 2025)

S.2866 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a program providing for the establishment of Agriculture Cybersecurity Centers, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (September 18, 2025)

S.2808 “A bill to require the Secretary of Agriculture to publish a report on the fertilizer industry, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (September 16, 2025)

S.2797 “A bill to amend the Consolidated Farm and Rural Development Act to provide for a pilot program under which development loans and loan guarantees may be made to beginning farmers and ranchers, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (September 15, 2025)

Agriculture-Related Legislative Hearings & Reports

U.S. HOUSE AGRICULTURE COMMITTEE—UPCOMING HEARINGS

None.

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY—UPCOMING HEARINGS  

None.

 

Contributors:
Audry Thompson—Staff Attorney
Christina Fraser—Research Assistant
Riley Amdor—Research Assistant