The Financial Buzz discussed a report on food waste in North America.

Food Dive reported on a new app designed to monitor and cut food waste.

AlterNet discussed consolidation in U.S. agriculture.

The National Law Review discussed potential California regulations on food packaging.

Food Dive reported on dairy identity standard requirements in new spending bill.


USAgNet discussed PepsiCo Foundation efforts to combat student hunger.

The Minnesota Star Tribune discussed expansion of Walmart grocery delivery.

Food Safety News reported on FDA findings on the cross-Atlantic shellfish trade.

Ag Update discussed the status of the farm bill.

The Des Moines Register reported on USDA withdrawal of animal welfare rule.


Manufacturers, processors and formulators of ag chemicals should take note that the U.S. Environmental Protection Agency’s January 25 change to its “once in always in” policy will allow facilities that have historically been regulated as “major sources” of hazardous air pollutants to be reclassified as “area” sources if they have reduced their potential to emit to below major source thresholds. Read our Emerging Energy Insights blog post here covering the topic.

Forbes reported on the tension between the meat and plant-based industries.

Beverage Daily discussed Michelob launch of organic grain beer.

CNN reported on Sam’s Club entry into grocery delivery market.

Financial Buzz discussed collaboration between conservationists and agriculture industry on monarch habitats.

The Guardian reported on an EU assessment of the dangers of pesticides to bee populations.


Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as waters of the United States under the act. Yesterday, Bob Wilkinson explained how this issue came to a head in a recent 9th Circuit opinion and how, in response, EPA is requesting comments on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow with a direct hydrologic connection to the jurisdictional surface water may be subject to regulation under the Clean Water Act. This is important to you because farmers, manufacturers, and anyone who conducts activities that release pollutants to groundwater will be affected by whether and how EPA clarifies its position regarding whether these discharges are subject to regulation. Our Environmental team blogged about this topic yesterday, please read more here.

Today, attorney Megan Caldwell blogged about two recent agency enforcement memoranda impacting the enforcement of environmental violations. You can read the blog post here. This is important to you, as it may change your company’s approach to compliance with certain agency guidance documents, as well as your emphasis on relationships with state environmental agencies versus U.S. EPA.

The Pasadena Star discussed a project turning food waste into energy.

Perishable News discussed a new packaging product intended to increase seafood shelf life.

The Las Vegas Review-Journal reported on Albertson’s efforts to buy Rite-Aid.

USAgNet reported on response to farm program cuts in White House budget proposal.

Newsweek reported on a pet food recall.


On February 17, 2017, and August 21, 2107, we blogged about this case. The U.S. Fish & Wildlife Service has designated certain land in Louisiana as critical habitat for the dusky frog, even though the frog does not currently inhabit that land and could not survive if it attempted to inhabit it.  By an 8-6 vote, the Fifth Circuit upheld the government’s position.

On January 22, 2108, the Supreme Court granted Weyerhaeuser’s cert. petition.  The petition did not raise any constitutional questions about the scope of the Endangered Species Act, so it is unlikely that the Court will rule on those issues.  It could very well read the statute narrowly to avoid raising constitutional considerations.

On January 16, 2018, we updated our blogging on so-called “ag-gag” laws – statutes designed to prevent undercover recording of unlawful practices on farms and processing centers. On September 15, 2017, we blogged about the Tenth Circuit’s partial overruling of the Utah statute.

The Supreme Court has now denied the cert. petition filed by People for the Ethical Treatment of People.