Insights on Agriculture & AgTech

The National Environmental Policy Act (NEPA) is a federal statute that outlines how federal agencies must review the environmental impacts of their regulatory actions. The regulated community has often viewed NEPA as an obstacle to a broad range of federal actions in areas ranging from energy permitting to agriculture.

FDA Practice Group Leader Karen Carr was featured on The International Fresh Produce Association’s (IFPA) podcast, Fresh Takes on Tech, in its recent episode “Science and Policy: The Battle Shaping Ag Biotechnology.”

On April 30, the US Food and Drug Administration (FDA), approved the use of a gene-edited pig to confer resistance to Porcine Reproductive and Respiratory Syndrome (PRRS), a devastating swine disease.

The Make America Healthy Again (MAHA) Commission, chaired by US Health and Human Services Secretary Robert F. Kennedy Jr., has released its long-anticipated report on childhood chronic disease drivers. Although the document is only an assessment and expressly contains no binding policy recommendations, it signals the contours of a federal strategy that officials will draft within 100 days.

Join Joy Marie Virga on a panel at the Food Policy Impact 2025 conference.

FDA Practice Leader and Agriculture & AgTech Industry Leader Karen Carr will participate in a panel titled “Navigating Regulatory Changes in Seed Treatment” at the 2025 CLA and RISE Regulatory Conference in Arlington, Virginia, on April 24.

FDA Practice Leader and Agriculture & AgTech Industry Leader Karen Carr will moderate a fireside chat on agriculture policy at AgBio 2025 in Raleigh, North Carolina, on April 9.

The US Department of Justice (DOJ) is planning a major reorganization of the Environment and Natural Resources Division (ENRD) that includes consolidating several sections within the division into other DOJ divisions, as well as eliminating field offices.

Stan Abramson will speak on the Legal Liability Panel at the Biological Products Industry Alliance’s (BPIA) 2025 Annual Meeting in Sacramento, California, on April 2, 2025. His work is focused on chemical, biological, and biotechnology products for agricultural, industrial, and consumer use.

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 pronouncements have focused mainly on energy and climate initiatives, while some of the messaging challenging agricultural tools like pesticides have signaled a possible departure from the deregulatory approach of the prior Trump Administration.

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 regulate agricultural-sector data.

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

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Monarch Butterfly and Designation of Critical Habitat, 89 Fed. Reg. 100662, et seq. The proposed rule, if it becomes final, could have significant impacts on agriculture in the United States.

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 deployed by the incoming US Congress to further Trump Administration regulatory priorities.

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 Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

AgTech Associate Rebecca Foreman will present at the American Agricultural Law Association’s (AALA) 2024 Annual Educational Symposium in Memphis, Tennessee, on November 9, 2024.

The United States awoke on November 6 to a changed and improbable political landscape. The nation has re-elected Donald J. Trump as President and has given him a US Senate Republican majority and potentially a US House of Representatives Republican majority as well. As fatigued and steadfast local and state election workers continue to sort through ballots, we continue to look to the finalization of tallies for some remaining Senate and House races to determine the nature and size of Congressional majorities.

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 engineered microorganisms — referred to as ‘modified microbes.’

In the words of rapper Kendrick Lamar, “Money trees is the perfect place for shade and that’s just how I feel.”

Companies commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response.

FDA Practice Leader and AgTech Industry Group Co-Leader Karen Carr will speak on a panel on treated seeds at the 2024 CropLife America and RISE Spring Regulatory Conference on April 17, 2024.

The Federal Communications Commission (FCC) has announced the new members of the four “Working Groups” that will continue to assist its Precision Agriculture Connectivity Task Force.

On March 14, 2024, Corteva Agriscience LLC (Petitioner) filed an antidumping duty (AD) and countervailing duty (CVD) petitioners on 2,4-Dichlorophenoxyacetic Acid (2,4-D) from the People’s Republic of China and India.

ArentFox Schiff will host the Food Policy Impact Summit at our Washington, DC, office on February 27-28, 2024. FDA Practice Leader Karen Carr and Partner Rachel Remke will present on timely developments impacting the food and nutrition regulatory landscape.

On November 2, 2023, the US Court of Appeals for the Eighth Circuit vacated a 2021 decision by the US Environmental Protection Agency (EPA) that had halted the use on agricultural crops of the pesticide product known as chlorpyrifos.