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


ANNOUNCEMENT: Join us TOMORROW at 12 noon (ET) for an Agricultural & Food Law Consortium webinar: “The Basics of Water Law and Its Relationship to Agriculture.” Details available here.


JUDICIAL: Includes environmental and agritourism issues. 

In 1000 FRIENDS OF WISCONSIN INCORPORATED, Plaintiff–Appellee, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants, Nos. 16-2321 & 16-2586, 860 F.3d 480 (7th Cir. June 19, 2017), a citizens group sued United States Department of Transportation (DOT) and the Wisconsin Department of Transportation (WIDOT), alleging DOT’s “environmental impact statement (EIS) regarding potential effects of highway expansion project was inadequate.” District Court vacated DOT’s record of decision, and following USDOT’s revision of its EIS, WIDOT appealed. Appellate court found that “WIDOT did not have standing to appeal district court’s decision on its own.” Appeal dismissed.

ADRIENNE RENEE YOCHES, Individually and as Next Friend to SAMUEL JAMES YOCHES, Plaintiff-Appellee, and TROY GIBSON, JODI JERGOVICH, and STEVE JERGOVICH, Plaintiffs, v. CITY OF DEARBORN, Defendant-Appellant, and ADAM FOREHAND, Defendant. LAURA JO LUBECK and RONALD LUBECK, Plaintiffs-Appellees, v. CITY OF DEARBORN, Defendant-Appellant. TROY GIBSON, JODI JERGOVICH, and STEVE JERGOVICH, Plaintiffs-Appellees, v. CITY OF DEARBORN and CAMP DEARBORN, Defendants-Appellants, and ADAM O’BRIEN FOREHAND, Defendant. LAUREN MARIE CALVIN and TROY RAY GIBSON, Plaintiffs-Appellees, v. CITY OF DEARBORN, doing business as CAMP DEARBORN, Defendant-Appellant, and ADAM O’BRIEN FOREHAND, Defendant. CHARLOTTE BADER, Plaintiff-Appellee, v. CITY OF DEARBORN, Defendant-Appellant, and ADAM FOREHAND, Defendant. CYNTHIA CIALONE Individually and as Next Friend to EMMANUELE SOUFANE, Plaintiff-Appellee, v. CITY OF DEARBORN, Defendant-Appellant, And ADAM FOREHAND, Defendant. ADRIENNE RENEE YOCHES, Individually and as Next Friend to SAMUEL JAMES YOCHES, Plaintiff-Appellee, And TROY GIBSON, JODI JERGOVICH, and STEVE JERGOVICH, Plaintiffs, And CYNTHIA CIALONE, Individually and as Next Friend to EMMANUELLE SOUFANE, Plaintiff/Counter-Defendant/Appellee, v. CITY OF DEARBORN, Defendant/Counter-Plaintiff/Third-Party Plaintiff-Appellant, and ADAM FOREHAND, Defendant, and HENRY FORD COMMUNITY COLLEGE SUPPORT STAFF ASSOCIATION, Third-Party Defendant-Appellee. No. 330998, No. 331137, No. 331139, No. 331144, No. 331147, No. 331149, No. 331630, 2017 WL 2989063 (Mich. Ct. App. July 13, 2017) involved a hayride accident at “Camp Dearborn” wherein defendant, the City of Dearborn, appealed denial of its motion for summary judgment. Defendant claims trial court erred by concluding “the motor vehicle exception to governmental immunity under the Governmental Tort Liability Act (GTLA), applied.” City argued trial court erred by concluding that a “hold harmless agreement” was “unenforceable as a matter of law due to a lack of consideration.” Appellate court noted that “nothing in the record supports a conclusion that the hold harmless agreement was ‘part of a larger contract involving multiple promises[.]’” Lower court ruling affirmed.


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

ENVIRONMENTAL PROTECTION AGENCY:

Rule approving revised rules submitted by the State of Illinois as State Implementation Plan revisions. Info here.

Rule EPA is taking final action to approve several revisions to the North Carolina State Implementation Plan submitted by the State of North Carolina through the North Carolina Department of Environmental Quality. Details here.

FISH AND WILDLIFE SERVICE: Notice announce the availability of a draft environmental impact statement which evaluates the impacts of, and alternatives to, the proposed Barton Springs Edwards Aquifer Conservation District Habitat Conservation Plan for federally-listed Barton Springs salamander and Austin blind salamander. Details here.

FOOD AND DRUG ADMNISTRATION:

Notice FDA seeks comments on the proposed extension of the collection of information concerning requirements relating to FDA’s Adverse Experience Reporting System for licensed biological products, and general records associated with the manufacture and distribution of biological products. Details here.

Notice of a guidance on the types of fees FDA is authorized to collect under ADUFA, and how to request waivers and reductions from FDA’s animal drug user fees. Details here.

Notice FDA has the authority to assess and collect application fees from each person who submits certain new animal drug applications or certain supplemental animal drug applications. Details here.

Notice FDA is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review. Title:  Current Good Manufacturing Practice Regulations for Medicated Feeds. Info here.

Notice FDA is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review. Title: Voluntary National Retail Food Regulatory Program Standards. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Notice NOAA NMFS would like to conduct an intercept survey to assess the extent of interactions between recreational anglers on piers and other shore-based fishing structures, and sea turtles. Details here. Info here.

Notice is hereby given that Brent Stewart, Ph.D., Hubbs-SeaWorld Research Institute, 2595 Ingraham Street, San Diego, CA 92109 has applied in due form for a permit to conduct research on pinnipeds in California. Details here.