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VOL. 5 · WEEK OF AUGUST 3, 2026

This week the fight over federal money moved to center stage: five food and farming nonprofits sued USDA over speech strings attached to grants, a Minnesota judge cleared cattle producers to press a price-fixing case against the four largest meatpackers as a class, and a new H-2A wage schedule took effect today. Here is what matters for your operation.

IN THIS ISSUE

• Hot Topics & Legislative Developments — five nonprofits sue USDA over grant speech terms

• Recent Equine & Ag Law Cases — cattle producers' class certified vs. Big Four packers

• Federal Regulatory Updates — DOL's new H-2A wage rates take effect today

• Oklahoma-Specific Updates — OHRC suspends three owners over a protected-order violation

• Emerging Issues — EPA's WOTUS rewrite & DEF proposal advance

HOT TOPICS & LEGISLATIVE DEVELOPMENTS

Five food and farm nonprofits sue USDA over “anti-woke” grant conditions. On July 30, five nonprofit groups — Agroecology Commons, Oregon Farm Corps, Syracuse-Onondaga Food Systems Alliance, Third Sector New England, and Washington Farmland Trust — sued the U.S. Department of Agriculture in federal court in Seattle (Reuters). The suit challenges grant conditions, traced to a December31memofromSecretaryRollins, thatrequiregranteestoconformtheirspeech to the administration's positions on DEI, gender identity, and immigration (Bloomberg Law); the plaintiffs call the terms an unconstitutional, vague speech condition and ask the court to vacate them (U.S. News). Takeaway: any organization taking USDA funds should read current award terms closely, flag speech or policy-conformity clauses to counsel, and watch this docket — an early injunction could quickly change obligations on grants alreadyinhand.

RECENT EQUINE & AG LAW CASES

Federaljudgecertifiescattleproducers'classin

Big Four price-fixing suit. U.S. District Judge John Tunheim in Minnesota certified a class of cattle producers on July 16, letting ranchers' price-fixing claims against JBS, Tyson, Cargill, and National Beef proceed as a class action (Cowboy State Daily). The producers allege the four packers — more than 80% of the U.S. fed-cattle market — coordinated to restrict slaughter and suppress prices from June 2015 through February 2020, underpaying ranchers by nearly 7%. Certification lets thousands of sellers sue together, sharply raising settlement pressure (Oklahoma Farm Report). The packers deny wrongdoing, and certification is not a liability

finding. Takeaway: Oklahoma cow-calf and feederoperationsthatsoldfedcattlein2015–2020 should preserve sale records, marketing agreements,andpricingdata,andwatchforaclass noticedefiningwhoisincluded.

FEDERAL REGULATORY UPDATES

DOL's updated H-2A wage rates take effect today. The Department of Labor published updated Adverse Effect Wage Rates (AEWRs) for H-2A agricultural workers in non-range occupations, effective August 3, 2026 (Federal Register).TheAEWRisthewageflooremployers must offer, advertise, and pay to H-2A workers and to U.S. workers in corresponding employment; the new schedule uses BLS wage data across two tiers — Skill Level I (entry) and Skill Level II (experienced) — with a current average AEWR of $15.96. For employers and states subject to the court order in Kansas v. U.S. Department of Labor, the rates instead take effect August 17, 2026, creating a two-week split. Takeaway: confirm which effective date governs your operation, update job orders and payroll to the new AEWR now, and make sure recruitment advertising reflects the correct rate to avoid a compliancegap.

OKLAHOMA-SPECIFIC UPDATES

Oklahoma Horse Racing Commission summarily suspends three owners over a protected-order violation. The Commission issued emergency summary suspension orders on July 24 against Quarter Horse owners Stephen M. Wright, Linda C. Arrossa, and Gregg Gibson (Paulick Report). The Commission alleges the owners knowingly entered a two-year-old filly, Faithfuly, in races at the Jerome County Fair in Idaho on June 7 and June 21 — the horse won both, earning about $15,900 — despite an Oklahoma eligibility order, conduct it found created “an immediate and continuing risk” to horse welfare and racing integrity. New Mexico reciprocated the suspensions. A summary suspension is immediate and precedes a full

hearing,sotheownersmaycontesttheallegations. Takeaway: eligibility and protective orders travel with the animal, reciprocity lets one state's discipline follow you into another, and owners — not just trainers — can be held accountable for enteringanineligiblehorse.

EMERGING ISSUES

EPA's WOTUS rewrite and a DEF proposal advance, with direct signals to farmers. EPA continuesworkingtowardanarroweddefinitionof “waters of the United States” (WOTUS) to align Clean Water Act jurisdiction with the Supreme Court's 2023 Sackett decision, holding listening sessions as it drafts a rule it says will be “durable” and in “plain English” (RFD-TV); a November 2025 proposal remains under review (FedCenter). Separately, EPA has opened a 45-day comment period on a proposal to eliminate the power-limit “derate” tied to diesel exhaust fluid (DEF) warnings and to scale back emissions-warranty requirements, while keeping the underlying emissions standards. Takeaway: the WOTUS rewrite could reduce which ditches and stock ponds trigger federal permitting — but state law mayfillthegap—sotrackbothbeforedrainingor grading near water; on DEF, weigh submitting comment on rules affecting equipment cost and uptime.

That's the brief for this week. If any of these developments touch your operation — USDA grant terms, cattle-market antitrust exposure, H-2A wage compliance, or a racing eligibility question — reach out and we'll walk through it.

• Nonprofit groups sue USDA (U.S. News/Reuters) — https:/ /www.usnews.com/news/us/articles/2026-07-30/nonprofit-gro ups-sue-us-agriculture-department-over-rules-on-grants

• Federal judge OKs cattle price-fixing class vs. Big Four (Cowboy State Daily) — https://cowboystatedaily.com/2026/ 07/30/federal-judge-oks-cattle-and-beef-price-fixing-suit-agai nst-big-four-meatpackers/

• R-CALF antitrust litigation update (Oklahoma Farm Report) — https://www.oklahomafarmreport.com/2026/07/31/r-calfweekly-address-antitrust-litigation-update/

• H-2A AEWR updates for non-range occupations (Federal Register, Aug 3, 2026) — https://www.govinfo.gov/content/p kg/FR-2026-08-03/pdf/2026-15673.pdf

• Oklahoma suspends three owners over protective order (Paulick Report) — https://paulickreport.com/news/the-biz/ok lahoma-suspends-three-owners-after-quarter-horse-raced-twic e-despite-protective-order

• EPA advances DEF proposal as WOTUS review continues (RFD-TV) — https://www.rfdtv.com/epa-advances-def-propo sal-as-wotus-review-continues

• Regulatory Watch — WOTUS proposed rule (FedCenter.gov) — https://www.fedcenter.gov/news/regs/

The Stable & Farm Brief© is provided by Stable & Farm Legal for general informational purposes only and does not constitute legal advice. Reading this newsletter does not create an attorney-client relationship. Laws and regulations change frequently and vary by jurisdiction; you should consult a licensed attorney regarding your specific situation before acting on any information here.

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SOURCES

• Nonprofit groups sue USDA over grant rules (Reuters) — ht tps://www.reuters.com/legal/government/nonprofit-groups-su e-us-agriculture-department-over-rules-grants-2026-07-30/

• Farming, food groups challenge USDA grant terms (Bloomberg Law) — https://news.bloomberglaw.com/litigati on/farming-food-groups-challenge-usdas-anti-woke-grant-ter