A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes water law, international trade, food safety, and environmental issues.
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT, Plaintiffs-Appellees, v. KEVIN HAUGRUD,* as Acting Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants, PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES; YUROK TRIBE, Intervenor-Defendants, and HOOPA VALLEY TRIBE, Intervenor-Defendant-Appellant. SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT, Plaintiffs-Appellees, v. KEVIN HAUGRUD, as Acting Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants-Appellants, and HOOPA VALLEY TRIBE; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES; YUROK TRIBE, Intervenor-Defendants. SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT, Plaintiffs-Appellees, v. KEVIN HAUGRUD, as Acting Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants, HOOPA VALLEY TRIBE; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES, Intervenor-Defendants, and YUROK TRIBE, Intervenor-Defendant-Appellant. SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT, Plaintiffs-Appellants, v. KEVIN HAUGRUD, as Acting Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants-Appellees, HOOPA VALLEY TRIBE; YUROK TRIBE; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES, Intervenor-Defendants-Appellees. No. 14-17493, No. 14-17506, No. 14-17515, No. 14-17539, 2017 WL 677537 (9th Cir. Feb. 21, 2017) concerned the Bureau of Reclamation’s (BOR) release of river water from a dam, beyond an amount listed in a water release schedule. Water flowed into the lower Klamath River, where BOR released the water to prevent a mass die-off of salmon. BOR claimed a 1955 Act gave it the power to release this extra water, arguing the 1955 Act “authorized and directed” the Secretary of the United States Department of the Interior “to adopt appropriate measures to insure the preservation and propagation of fish and wildlife.” Court agreed the broad language of the clause gave BOR authority to implement the water release.
WELL LUCK CO., INC., Plaintiff, v. UNITED STATES, Defendant, Court No. 13-00064, Slip Op. 17-16, 2017 WL 635496 (Ct. Intl. Trade Feb. 15, 2017) concerned the proper classification of plaintiff’s imported roasted and salted sunflower seeds. Plaintiff argued the seeds are classifiable under subheading 1206.00.00, HTSUS, which covers “sunflower seeds, whether or not broken … Free.” Defendant countered that plaintiff’s imported seeds were correctly classified. Court observed, “Plaintiff’s sunflower seeds are not classified in subheading 1206.00.00, HTSUS because it is undisputed that they are not suitable for general use. In order for Plaintiff’s imported seeds to fall within Heading 1206, HTSUS, they must be suitable for general use rather than a specific use.” Court determined the seeds were properly classifiable as “Nuts, peanuts (ground nuts) and other seeds, whether or not mixed together: Other including mixtures: Other.” Defendant’s motion for summary judgment granted.
In JERRY ANTHONY CADET, Plaintiff, v. THE OWNERS OR BERKS COUNTY JAIL, et al. Defendants, NO. 16-03806, 2017 WL 660847 (E.D. Pa. Feb. 16, 2017), plaintiff, a jail inmate, sued claiming that he was subject to unconstitutional conditions of confinement under the Eighth and Fourteenth Amendments. Plaintiff objected to “punishment meals” consisting of a food loaf served by the jail. Court ruled that plaintiff’s “distaste for the unappetizing food loaf diet, while understandable, is not, by itself, constitutionally actionable.” Case dismissed.
Virginia Uranium, Inc.; Coles Hill, LLC; Bowen Minerals, LLC; Virginia Energy Resources, Inc., Plaintiffs–Appellants, v. John Warren, in his official capacity as Director of the Virginia Department of Mines, Minerals and Energy; Bradley C. Lambert, in his official capacity as Deputy Director of the Virginia Department of Mines, Minerals and Energy; James P. Skorupa, in his official capacity as Director of the Virginia Department of Mines, Minerals and Energy’s Division of Mineral Mining, Defendants–Appellees, and Terry McAuliffe, in his official capacity as Governor of Virginia; Maurice Jones, in his official capacity as Virginia Secretary of Commerce and Trade; Molly J. Ward, in her official capacity as Virginia Secretary of Natural Resources; David K. Paylor, in his official capacity as Director of the Virginia Department of Environmental Quality; Robert J. Weld, in his official capacity as Regional Director of the Department of Environmental Quality’s Blue Ridge Regional Office; Michael Dowd, in his official capacity as Director of the Virginia Department of Environmental Quality’s Air Division; Melanie D. Davenport, in her official capacity as Director of the Virginia Department of Environmental Quality’s Water Permitting Division; Justin Williams, in his official capacity as Director of the Virginia Department of Environmental Quality’s Division of Land Protection and Revitalization, Defendants. The Nuclear Energy Institute, Amicus Curiae, Roanoke River Basin Association; Dan River Basin Association, Amici Supporting Appellees, No. 16-1005, 2017 WL 655766 (4th Cir. Feb. 17, 2017) involved a group of mining companies and owners of land containing uranium that sued state officials claiming a Virginia law preventing state agencies from accepting uranium mining permit applications was preempted by the federal Atomic Energy Act (AEA). Plaintiffs appealed a summary judgment ruling for defendants. Court considered Congress’s “significant objective[s]” in passing the AEA and weighed whether Virginia’s law stands “as an obstacle to the accomplishment of a significant federal regulatory objective.” Court ruled that conventional uranium mining “was not an activity regulated by the federal government under the Atomic Energy Act.” The court also determined that “the Congressional purpose in passing Act of promoting safe development and use of atomic energy was not materially affected by Virginia law.” Affirmed for defendant.
REGULATORY: Includes USDA, EPA, FSIS, FAS, and RUS rules and notices.
AGRICULTURE DEPARTMENT:
Notice USDA submitted information collection requirement(s) to OMB for review. Title: Organic Certification Cost Share Program. Info here.
Notice USDA submitted information collection requirement(s) to OMB for review. Title: WIC Food Package Costs and Cost Containment Study. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule EPA is withdrawing a direct final Notice of Partial Deletion for the North Penn Area 6 Superfund Site from the National Priorities List. Details here.
FOOD SAFETY AND INSPECTION SERVICE:
Rule FSIS is extending public comment period of the proposed rule entitled “Revision of Nutrition Facts Labels for Meat and Poultry Products and Updating Certain References Amounts Customarily Consumed.” Details here.
Notice FSIS will sponsor a public meeting on March 2, 2017, to provide information on agenda items and draft United States (U.S.) positions that will be discussed at the 11th Session of the Codex Committee on Contaminants in Food (CCCF) of the Codex Alimentarius Commission. Info here.
FOREIGN AGRICULTURAL SERVICE:
Notice FAS requests approval for a new information collection for the USDA’s Emerging Markets Program. Info here.
Notice FAS requests approval for a new information collection for the USDA’s Quality Samples Program. Info here.
RURAL UTILITIES SERVICE: Notice RUS prepared a Final Environmental Impact Statement to meet its responsibilities under the National Environmental Policy Act (NEPA). Details here.