JUDICIAL:

 
Abele Tractor & Equip. Co. v. Schaeffer, No. 524586, 2018 WL 6683317 (N.Y. App. Div. Dec. 20, 2018):Appeals (1) from an order of the Supreme Court (McGrath, J.), entered August 22, 2016 in Rensselaer County, which, among other things, partially granted a motion by defendant Trustco Bank Corp., N.Y. for summary judgment dismissing the complaint against it, and (2) from an order of said court, entered February 14, 2017 in Rensselaer County, which, among other things, denied plaintiff’s cross motion to reargue and/or renew.  Court ordered that the order entered August 22, 2016 is modified, on the law, without costs, by reversing so much thereof as found that plaintiff was not a debtor, and, as so modified, affirmed.
GREENGATE FRESH, LLLP an Arizona limited liability limited partnership, Plaintiff, v. TRINITY FRESH PROCUREMENT, LLC, et al., Defendants., No. 218CV03161JAMEFB, 2018 WL 6696677 (E.D. Cal. Dec. 20, 2018)
On December 13, 2018, Plaintiff filed a Motion for a Temporary Restraining Order (“TRO”) under the Perishable AgriculturalCommodities Act (“PACA”), seeking temporary preliminary relief to prevent Defendants from dissipating trust assets. See Mot., ECF No. 4; Compl., ECF No. 1. Defendants filed a response on December 17, 2018, Resp., ECF No. 7, to which Plaintiff replied on December 19, 2018, Reply, ECF No. 9. For the reasons given below, the Court GRANTS Plaintiff’s Motion for a Temporary Restraining Order
FRESHPOINT DENVER, INC. & RUBY ROBINSON COMPANY, LLC, Plaintiffs, v. TRINITY FRESH DISTRIBUTION, LLC, et al., Defendants., No. 218CV03183JAMEFB, 2018 WL 6696676 (E.D. Cal. Dec. 20, 2018)On December 11, 2018, Plaintiffs filed a Motion for a Temporary Restraining Order (“TRO”) under the Perishable AgriculturalCommodities Act (“PACA”), seeking temporary preliminary relief to prevent Defendants from dissipating trust assets. See Mot., ECF No. 2; Compl., ECF No. 1. Defendants filed a response in a related case addressing the same issues on December 17, 2018. See GreenGate Fresh, LLLP v. Trinity Fresh Procurement, LLC, No. 2:18-cv-03161, ECF No. 7 (E.D. Cal. Dec. 17, 2018). For the reasons given below, the Court GRANTS Plaintiffs’ Motion for a Temporary Restraining Order.
Gustafson v. Bodlak, No. A-16-1213, 2018 WL 6649463 (Neb. Ct. App. Dec. 18, 2018)
Roger L. Gustafson and David Gustafson are the sole shareholders of R.D.G. Enterprises, Inc., a Nebraska corporation (Roger, David, and R.D.G. Enterprises will be collectively referred to as the Gustafsons). The Gustafsons farm properties in Thurston County, Nebraska. They brought an action for damages and injunctive relief against Paul J. Bodlak and Jean M. Bodlak (collectively the Bodlaks) and Thurston County (the County). The Gustafsons claim that separate acts by the Bodlaks and the County impeded the flow of a creek that runs through properties the Gustafsons farm, which caused flooding in the Gustafsons’ fields and interfered with their farming activities and damaged their crop production. After a bench trial, the district court for Thurston County found the Gustafsons had failed to meet their burden of proof as to all of their claims. On appeal, the Gustafsons claim the district court erred by failing to grant their requested injunctive relief against the Bodlaks and the County. The court affirms.

REGULATORY:
Notice: Environmental Protection Agency (EPA); The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “Labeling Requirements for Certain Minimum Risk Pesticides under FIFRA Section 25(b),” identified by EPA ICR No. 2475.03 and OMB Control No. 2070-0187. This is a request to renew the approval of an existing ICR. The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA received one comment in response to the previously provided public review opportunity issued in the Federal Register on May 30, 2018; however, the comment submitted to the docket did not pertain to this ICR. With this submission, EPA is providing an additional 30 days for public review and comment. Info HERE

Notice of filing of petitions and request for comment: Environmental Protection Agency (EPA); This document announces the Agency’s receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.  Info HERE

Notice: Environmental Protection Agency (EPA); EPA is seeking public comment on a petition from the Center for Food Safety (CFS) requesting that the Agency revise testing requirements for pesticides prior to registration. The petitioner, CFS, requests that the Agency require testing for whole pesticide formulations to account for the toxicological effects of inert and adjuvant ingredients and the testing of tank mixes to assess the interaction between pesticide ingredients. CSF believes this change is needed to meet the applicable safety standards of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Info HERE

Notice: Environmental Protection Agency (EPA); EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Info HERE

Final rule: Agricultural Marketing Service, USDA; This rule establishes the new national mandatory bioengineered (BE) food disclosure standard (NBFDS or Standard). The new Standard requires food manufacturers, importers, and other entities that label foods for retail sale to disclose information about BE food and BE food ingredients. This rule is intended to provide a mandatory uniform national standard for disclosure of information to consumers about the BE status of foods. Establishment and implementation of the new Standard is required by an amendment to the Agricultural Marketing Act of 1946. Info HERE

Notice: Commodity Credit Corporation and Farm Service Agency, USDA; MFP provides payments to producers with commodities that have been significantly impacted by actions of foreign governments resulting in the loss of traditional exports. This NOFA announces the new payment rates for selected commodities. On behalf of the Commodity Credit Corporation (CCC), the Farm Service Agency (FSA) administers MFP. MFP participants will receive an MFP payment, calculated based on the eligible production multiplied by the participant’s share multiplied by the MFP payment rate. Info HERE