Key Agricultural Issues in 2024: WOTUS, Prop 12, and possible changes to pesticide regulations

The National Agricultural Law Center is zeroing in on some crucial legal matters for the new year.

As we step into the new year, the National Agricultural Law Center sheds light on pivotal legal matters that will shape the agricultural landscape in 2024. Two prominent issues take center stage, offering insights into evolving dynamics and potential shifts in the industry.

Issue 1: Endangered Species Act and Pesticide Registration:
The intricate relationship between the Endangered Species Act (ESA) and pesticide registration promises to be a focal point of ongoing litigation and transformative changes in agriculture. Harrison Pittman, Director of The National Agricultural Law Center, emphasizes the significance of this issue: “I think the Endangered Species Act and particularly its relationship to pesticide registration and re-registration... is one that we’re going to spend a tremendous amount of time on in 2024.” The evolving legal landscape in this area, marked by recent verdicts with substantial financial implications, sets the stage for continued legal battles and industry adjustments.

Issue 2: ‘WOTUS’ After the Sackett Case Decision:
The Waters of the United States (WOTUS) continues to be a critical area of focus, with particular attention to the aftermath of the U.S. Supreme Court’s Sackett case decision. Pittman advises close monitoring of developments, stating, “The traditional part of it, like the EPA Corps of Engineers’ jurisdiction over what is The Waters of the United States, will remain important. The part that I would watch is what is happening in the wake of the U.S. Supreme Court decision in the Sackett case that came out in the spring of last year.” The implications of state proposals post-Sackett case decision will be a key factor influencing the legal landscape.

Key Area of Interest: California’s Prop 12 and the Pork Industry:
Adding another layer of complexity, the legal focus extends to California’s Proposition 12 and its impact on the national pork industry. The implications of this legislation bring attention to the intersection of state regulations and their ripple effects on a crucial sector within agriculture.

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