A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.


JUDICIAL: Includes agritourism and CWA rules and notices.

In Robert S. GREENFIELD et al., Plaintiffs and Appellants, v. MANDALAY SHORES COMMUNITY ASSOCIATION, Defendant and Respondent, No. B281089, 230 Cal.Rptr.3d 827 (Cal. Ct. App. March 27, 2018), homeowners rented their beach home for periods of less than 30 days and sued homeowners’ association over enforcement of the association’s rule banning short term rentals in a beach community. Plaintiffs maintained the ban violated the Coastal Act “due to association’s failure to obtain coastal development permit before adopting the ban.” Lower court denied preliminary injunction and homeowners appealed. Appellate court reversed and concluded that the short term rental ban at issue “changes the intensity of use and access to single family residences” in the beach community.”

FRIENDS OF the SANTA CLARA RIVER; Santa Clarita Organization for Planning the Environment, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Kimberly Colloton, in her official capacity as Commander and District Engineer of the Los Angeles District of the U.S. Army Corps of Engineers, Defendants-Appellees, And The Newhall Land and Farming Company, a California limited partnership, Intervenor-Defendant-Appellee, No. 15-56337, 2018 WL 1702746 (9th Cir. April 9, 2018) involved a dispute concerning an expansive commercial and residential real estate development covering “approximately 12,000 acres, including 5.5 linear miles of the Santa Clara River and its tributaries.” Environmental groups challenged the Army Corps of Engineers’ issuance of permits “authorizing the discharge of dredged or fill material into river violated the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA).” Lower court ruled for defendants and on appeal, court considered the history of the project and the applicability of the Clean Water Act relative to agency decisions. Appellate court affirmed, ruling that the Corps “did not fail to select the least environmentally damaging practicable alternative in issuing discharge permits.”


LEGISLATIVE:

H.R. 146: Eastern Band of Cherokee Historic Lands Reacquisition Act. Text for status Passed the House (Apr 16, 2018) is now available.

H.R. 3607: To authorize the Secretary of the Interior to establish fees for medical services provided in units of the National Park System. Text for status Passed the House (Apr 16, 2018) is now available.

H.R. 3961: Kissimmee River Wild and Scenic River Study Act of 2018. Text for status Passed the House (Apr 16, 2018) is now available.

H.R. 4609: West Fork Fire Station Act of 2017. Text for status Passed the House (Apr 16, 2018) is now available.

H.R. 4: FAA Reauthorization Act of 2018. Bill added to the House’s schedule for the coming week.

S. Res. 470: A resolution expressing the sense of the Senate that electricity markets do not appropriately value the reliability and resilience attributes of baseload power generation serving the bulk power system. Referred to the Senate Committee on Energy and Natural Resources which will consider it before sending it to the Senate floor for consideration.

S. 2685: A bill to modify certain requirements for farm ownership loan eligibility. Referred to the Senate Committee on Agriculture, Nutrition, and Forestry.

H.R. 5530: To amend the Farm Security and Rural Investment Act of 2002 to repeal desert terminal lakes assistance. Referred to the House Committee on Agriculture and House Committee on Natural Resources.

H.R. 5529: To provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe. Referred to the House Committee on Natural Resources.


REGULATORY: Includes EPA, FWS, FS, and NOAA rules and notices.

ENVIRONMENTAL PROTECTION AGENCY:

Rule EPA is proposing to approve a State Implementation Plan (SIP) revision, as supplemented, for the St. Bernard Parish, Louisiana 2010 1-hour sulfur dioxide (SO<INF>2</INF>) Primary National Air Quality Standard (NAAQS) nonattainment area. Info here.

FISH AND WILDLIFE SERVICE:

Notice FWS is proposing to renew an information collection with revisions. Title: Horseshoe Crab and Cooperative Fish Tagging Programs. Info here.

Notice FWS is proposing to renew an information collection with revisions. Title: Hunting and Fishing Application Forms and Activity Reports for National Wildlife Refuges. Details here.

Notice FWS is proposing to renew an information collection with revisions. Title: North American Woodcock Singing Ground Survey. Details here.

FOREST SERVICE: Notice the Wayne National Forest (Wayne), located in the Unglaciated Allegheny Plateau of southeast Ohio, is initiating the forest planning process pursuant to the 2012 Planning Rule. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS approves and implements measures included in Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan that establish fishing year 2018 and 2019 scallop specifications and other measures. Details here.

Rule NMFS is modifying the commercial scup quota periods, as recommended by the Mid-Atlantic Fishery Management Council. This action moves the month of October from the Summer Period to the Winter II Period. Info here.

Notice NOAA seeks comment on proposed and/or continuing information collections. Title: Coastal Ocean Program Grants Proposal Application Package. Details here.

Notice NOAA seeks to comment on proposed and/or continuing information collections. Title: Marine Technology and Services Enterprise Impact and Utilization Survey Sponsored by the U.S. Integrated Ocean Observing System. Info here.

Notice NOAA seeks comment on proposed and/or continuing information collections. Title: West Coast Limited Entry Groundfish Fixed Gear Economic Data Collection. Info here.