The year 2024 has been marked by significant legal and policy shifts in the agricultural sector, with developments that are poised to reshape the landscape for farmers, corporations, and environmental advocates alike. As Harrison Pittman, director of the National Agricultural Law Center, aptly noted, this year has brought some of the most consequential changes in ag law and policy in decades, leaving many to wonder how 2025 could possibly top it.
One of the most notable events was the U.S. Supreme Court’s decision in June to overturn the Chevron deference, a long-standing legal doctrine that guided the relationship between federal agencies and the courts. For 40 years, this principle allowed courts to defer to federal agencies’ expertise in interpreting their own regulations. Chief Justice John Roberts described the doctrine as “fundamentally misguided,” a ruling that has far-reaching implications for how agricultural regulations may be challenged in the future. Legal experts predict that the ramifications of this decision will take years to fully unfold, potentially altering the balance of power between regulatory agencies and the judiciary.
In another significant development, a federal court in Arizona vacated the registration of three dicamba products in February, leaving farmers without an over-the-top option for the 2025 growing season. This ruling marks the second time that dicamba labels have been vacated, reflecting ongoing concerns about the herbicide’s impact on non-target crops and the environment. The Environmental Protection Agency (EPA) has been working to address these concerns, releasing updated strategies aimed at reducing pesticide exposure to endangered species. The finalized herbicide strategy and a draft insecticide strategy released throughout the year indicate a shift toward stricter regulations in pesticide use, which farmers will need to navigate carefully.
The turbulence in agricultural law continued with a mid-November ruling from the D.C. Circuit Court of Appeals that questioned the authority of the Council on Environmental Quality (CEQ) to enact regulations under the National Environmental Policy Act (NEPA). This ruling has thrown the future of NEPA into uncertainty, as the CEQ has been responsible for ensuring that federal agencies consider environmental impacts in their decision-making processes. With the court’s decision, the long-standing framework for environmental review may face significant changes, potentially affecting a wide range of agricultural projects and initiatives.
The Corporate Transparency Act (CTA) also played a pivotal role in 2024, as businesses were required to file beneficial ownership information by the end of the year. Initially aimed at curbing money laundering and increasing transparency, the CTA faced legal challenges, including a nationwide injunction issued by a Texas federal court that deemed the law likely unconstitutional. This ruling has put the enforcement of the CTA on hold, causing uncertainty for over 32 million businesses, including more than 230,000 farm operations that may have been impacted by the reporting requirements. As the federal government prepares to appeal, entities affected by the CTA are advised to remain vigilant, as future developments could reinstate reporting deadlines with little notice.
In the realm of foreign ownership of agricultural land, 2024 saw Arkansas become the first state to enforce a law restricting foreign ownership, amid a growing trend across the country. In recent years, concerns over foreign investments in U.S. agriculture have prompted many states to consider or enact restrictions. In total, 36 states proposed measures to limit foreign ownership, reflecting a heightened focus on national security and local control over agricultural resources.
As 2024 draws to a close, the agricultural sector stands at a crossroads, grappling with the implications of these legal and policy changes. Farmers, corporations, and environmental advocates alike will need to adapt to a rapidly evolving landscape, where the balance between agricultural productivity, environmental stewardship, and regulatory oversight is more critical than ever. The developments of this year have set the stage for a dynamic and uncertain future in agricultural law and policy, leaving stakeholders eager to see what 2025 will bring.