 |  |  |  |  |  |  |  |  |
Below you'll find a list of all posts that have been categorized as “Legal”
The International Fresh Produce Association (IFPA) and nine co-plaintiffs have filed a lawsuit contesting the U.S. Department of Labor’s (DOL) recently finalized H-2A rule. The challengers allege unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ temporary workers. The co-plaintiffs are American Farm Bureau Federation, AmericanHort, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, …
The National Council of Agricultural Employers (NCAE) has joined several agricultural associations and individual farmers in a lawsuit challenging a federal farmworker protection rule. The Department of Labor (DOL) rule is titled Improving Protections for Workers in Temporary Agricultural Employment in the United States. NCAE stated that the rule unlawfully violates the rights of America’s farm and ranch families. It …
A federal judge in Georgia on Aug. 26 blocked a federal rule allowing migrant farmworkers to join unions in 17 states. The ruling prevents the U.S. Department of Labor (DOL) from enforcing the new rule. The rule would have prevented agricultural employers from retaliating against migrant workers with H-2A temporary work visas for joining labor unions and organizing against wage …
A coalition of states, including Florida and Georgia, recently joined a lawsuit filed by the Southeastern Legal Foundation (SLF) challenging the U.S. Department of Labor (DOL) Farmworker Protection Rule. DOL announced the final rule in late April, saying it would strengthen protections for farmworkers in the H-2A program. The Farmworker Protection Rule will become effective June 28, 2024. SLF is …
The U.S. Environmental Protection Agency (EPA) on March 3 provided an update on streptomycin uses on citrus. The update followed the U.S. Ninth Circuit Court of Appeals’ December 2023 decision that vacated the 2021 registration amendments for streptomycin because of the agency’s failure to comply with the Endangered Species Act. The 2021 amendments added a time-limited use on citrus crop …
The Center for Food Safety on Dec. 13 petitioned the U.S. Environmental Protection Agency (EPA) to immediately suspend and cancel the herbicide glyphosate, the main ingredient in Monsanto’s Roundup. The center filed the petition on behalf of itself, Beyond Pesticides and four farmworker advocacy groups. Last year, in a lawsuit by the same nonprofit organizations, a federal court of appeals struck down …
The U.S. Ninth Circuit Court of Appeals on Dec. 13 reversed the U.S. Environmental Protection Agency’s (EPA) approval of the antibiotic streptomycin as a pesticide on citrus crops. See the ruling here. The court determined the EPA’s 2021 decision to allow spraying of streptomycin on citrus crops across the country to be unlawful under the Federal Insecticide, Fungicide, and Rodenticide Act …
The federal Eighth Circuit Court of Appeals on Nov. 2 ruled the Environmental Protection Agency (EPA) failed to follow the law when it revoked chlorpyrifos tolerances — effectively banning the pesticide. “Its (EPA’s) decision was arbitrary and capricious … so we grant the petitions for review and vacate its order,” the court stated. See the court’s ruling here. The American …
In late February, the U.S. Department of Labor (DOL) pushed through a new methodology used to determine the hourly adverse effect wage rates (AEWR) for agricultural employers. The rule became effective March 30. Florida Fruit & Vegetable Association (FFVA) Director of Labor Relations Jamie Fussell discussed the action’s impact on growers: IMPACT ON EMPLOYERSSimply, the new rule may mean that …
Federal legislators have followed through on previously announced plans to try to overturn the Department of Labor’s (DOL) rule to determine wages for temporary foreign agricultural workers under the H-2A program. H-2A workers harvest a majority of Florida’s citrus crop. Legislators introduced House and Senate Congressional Review Act resolutions to nullify the DOL’s adverse effect wage rates (AEWRs) methodology rule. …
A New York man claims Simply Tropical juice drink is falsely labeled as “all natural” when it contains synthetic and toxic chemicals. Joseph Lurenz, individually and on behalf of all others similarly situated, filed a complaint Dec. 28 in the U.S. District Court for the Southern District of New York against The Coca-Cola Company and The Simply Orange Juice Company. …
The Ninth Circuit Court of Appeals was scheduled to hear oral arguments in late January challenging the U.S. Environmental Protection Agency’s (EPA) approval of the antibiotic streptomycin as a pesticide on citrus crops. The lawsuit, brought by farmworker and public-interest groups, argues the use of streptomycin on citrus crops is unlawful under the Federal Insecticide, Fungicide, and Rodenticide Act and …
Several national agricultural organizations issued a statement expressing disappointment over the U.S. Supreme Court’s recent glyphosate decision not to hear the case Monsanto vs. Hardeman, which pertains to state glyphosate health warnings. The statement read: “We are disappointed the Supreme Court has decided not to hear this case, which has significant implications for our global food supply and science-based regulation. …
The owner of a commercial nursery has won a $1.2 million judgment against the Florida Department of Agriculture and Consumer Services (FDACS) for the destruction of citrus trees in the 2000s, AP News reported. A jury in Orlando determined the state agency had destroyed more than 160,000 citrus plants in an effort to stop citrus greening, AP reported. The jury …
A total of 54 agricultural organizations have voiced concern regarding the possibility of a detrimental precedent being set. A letter was sent to President Joe Biden outlining concerns related to an amicus brief that was recently submitted to the U.S. Supreme Court (SCOTUS). In the brief, Solicitor General Elizabeth Prelogar advises SCOTUS against hearing a case related to glyphosate and …
Several agricultural associations filed suit in federal court Feb. 10 seeking to block the Environmental Protection Agency (EPA) from prohibiting the use of the pesticide chlorpyrifos on food crops beginning Feb. 28. The Georgia Fruit & Vegetable Growers Association is among those seeking the action. According to the American Soybean Association, which is one of those suing, the agricultural associations …
Law firm PGMBM reported it has secured a London High Court judgment that will result in a Brazilian orange juice (OJ) magnate facing trial over his participation in an illegal cartel. José Luis Cutrale and his son, José Luis Cutrale Jr., reportedly were part of an operation that substantially impacted the global market for the sale of OJ. Brazilian orange …
The U.S. Supreme Court in June ruled that a nearly 50-year-old California regulation requiring agricultural businesses to allow union organizers to enter their property for a minimum number of hours and days each year is an unconstitutional taking without compensation. A California nursery and a shipping company had challenged the regulation as essentially creating an easement across their private property …
The federal Court of Appeals in the District of Columbia on June 7 rejected the Environmental Protection Agency’s (EPA) approval of the pesticide aldicarb on Florida oranges and grapefruit, the Center for Biological Diversity reported. The ruling came in response to a lawsuit filed in March by farmworker and conservation groups after the EPA approved the use of up to …
Approximately 12,000 Lee County homeowners in Florida will receive checks in early January as compensation for citrus trees destroyed in the state’s citrus canker eradication program, according to attorney Robert Gilbert. Gilbert was the lead counsel representing the homeowners in a class action lawsuit for the past 17 years. According to Gilbert, the residential trees that were destroyed by the …
