A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL:
In BACKCOUNTRY AGAINST DUMPS and DONNA TISDALE, Plaintiffs-Appellants, v. SALLY JEWELL, in her official capacity as Secretary of the United States Department of the Interior; et al., Defendants-Appellees, OCOTILLO EXPRESS, LLC and PATTERN ENERGY GROUP, LP, Intervenor-Defendants-Appellees, No. 13-57129, 2017 WL 56300 (9th Cir. Jan. 5, 2017), plaintiffs argued Bureau of Land Management (BLM) violated a California Desert Conservation Area (CDCA) Plan by not determining whether a wind energy project met requirements imposed on uses of “Class L” land. Plaintiff appealed grant of summary judgement finding BLM did not violate the CDCA Plan. Appellate court observed when BLM adopted amendments to the CDCA Plan to accommodate the wind turbine project, the project was “no longer required to comply with the multiple-use class designations, guidelines, or elements for Class L land.” Court eventually concluded the turbine project did not violate the CDCA Plan as “the Project was governed by the Plan amendment rather than the Plan itself.” District court ruling affirmed.
In Coalition of Concerned Citizens To Make Art Smart; 2706 Central Avenue LLC, a New Mexico Limited Liability Company; Fox Plaza LLC, a New Mexico Limited Liability Company; Julie Stephens; Jean Bernstein; Marc Bernstein, Plaintiffs–Appellants, and Maria Bautista; Stella Padilla; Joseph Aguirre; Mildred “Mimi” Lopez; Armond Chakarian; Max Macauley; Yara Estrada; La Michoacana Restaurant; Western View Restaurant; Albuquerque Barbershop; Mixx Restaurant; G–Mart Convenience Store; Rain Tunnel Car Spa; H & D Tire Shop; Turbo Tireshop; Route 66 Apartments; El Chante: Casa De Cultura, Plaintiffs, v. Federal Transit Administration of U.S. Department of Transportation, an Agency of the United States; Anthony Foxx, Secretary of the United States Department of Transportation, in his official capacity; Robert C. Patrick, Regional Director for Region VI of the Federal Transit Administration, in his official capacity; Donald R. Koski, Director, Planning and Program Development of the Federal Transit Administration, in his official capacity; City of Albuquerque, New Mexico, a municipal corporation; Richard J. Berry, Mayor of Albuquerque, in his official capacity; Bruce Rizzieri, Director, ABQ–Ride Transit, in his official capacity, Defendants–Appellees, and Robert J. Perry; Michael Riordan; Albuquerque City Council; Isaac Benton; Kenneth Sanchez; Pat Davis; Klarissa Pena; Brad Winter; Dan Lewis; Diane G. Gibson; Trudy Jones; Don Harris, in their official capacities as Albuquerque City Councilors; Federal Transportation Administration; Therese McMillan, Acting Administrator of the Federal Transportation Administration, Defendants, No. 16-2192, 843 F.3d 886 (10th Cir. Dec. 13, 2016), plaintiff sued Federal Transit Administration (FTA) alleging violation of National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Plaintiffs moved for preliminary injunction to bar city from proceeding with construction. At issue was whether FTA “properly concluded that city’s rapid transit system project did not significantly involve environmental concerns.” Court observed that NEPA “requires federal agencies … to analyze environmental consequences before initiating actions that potentially affect the environment.” Appellate court was persuaded by district court’s conclusion that the FTA “considered relevant factors, like economic environment and traffic patterns.” Affirmed for defendant.
REGULATORY: Includes FWS, FNS, FS, and NOAA rules and notices.
FISH AND WILDLIFE SERVICE:
Rule FWS wants to reclassify Kuenzler hedgehog cactus from endangered to threatened under the Endangered Species Act. Details here.
Rule FWS proposes to remove the lesser long-nosed bat from the Federal List of Endangered and Threatened Wildlife. Details here.
Rule FWS proposes to remove gypsum wild-buckwheat from the Federal List of Endangered and Threatened Plants. Info here.
Notice FWS will prepare a draft environmental impact statement for the proposed habitat conservation plan/natural community conservation plan for the City of Bakersfield. Info here.
FOOD AND NUTRITION SERVICE:
Rule implements provisions of the Food, Conservation and Energy Act of 2008 affecting the eligibility requirements for applicant or participant households in the Supplemental Nutrition Assistance Program (SNAP). Info here.
FOREST SERVICE:
Notice FS seeks comments on a new information collection, Significant Cave Nominations under the Federal Cave Resources Protection Act. Info here.
Notice FS participated as a cooperating agency with the Federal Energy Regulatory Commission in the preparation of the Atlantic Coast Pipeline and Supply Header Project (SHP) Draft Environmental Impact Statement. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Notice NMFS Southeast Region will prepare a DEIS to describe alternatives for management actions to be included in Amendment 43 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region. Details here.
Notice NOAA issued an incidental harassment authorization to Northeast Gateway® Energy BridgeTM, L.P. and Algonquin Gas Transmission to take small numbers of 14 species of marine mammals. Info here.
Notice NMFS received a request from the Texas Parks and Wildlife Department for authorization to take marine mammals incidental to conducting fishery-independent monitoring activities in estuarine waters of Texas. Details here.
Notice NMFS received a request from the United States Air Force for authorization to take marine mammals incidental to conducting munitions testing for their Long Range Strike Weapons Systems Evaluation Program. Details here.