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


ANNOUNCEMENT: 

Join us Wednesday, July 25th, at 12 noon (ET) for an Agricultural & Food Law Consortium webinar: Compliance with DOL and Immigration Laws and Regulations for Agricultural Businesses. Details available here.

REGISTER NOW for our upcoming Ag Technology & the Law conference, August 15 and 16 in Little Rock, Arkansas. Details here.


JUDICIAL: 

In ALLIANCE FOR CALIFORNIA BUSINESS, Plaintiff and Appellant, v. STATE AIR RESOURCES BOARD, Defendant and Respondent, Jack Cody, Plaintiff and Appellant, v. State Air Resources Board et al., Defendants and Respondents, C082828, C083083, 23 Cal.App.5th 1050 (Cal. Ct. App. May 29, 2018), a truck driver organization sued Air Resources Board challenging state implementation plan (SIP) under Clean Air Act (CAA). Lower court ruled for Board. Appellate court found the CAA grants federal circuit courts of appeals “original and exclusive jurisdiction over challenges to CAA actions.” The court also concluded that plaintiffs’ challenge to the SIP at issue “was precluded from state court review.” Affirmed.


LEGISLATIVE:

S. 3222: A bill to designate the J. Marvin Jones Federal Building and United States Courthouse in Amarillo, Texas, as the “J. Marvin Jones Federal Building and Mary Lou Robinson United States Courthouse”. This bill’s text is now available.

S. 3219: A bill to amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to modify the requirements for multiple employer plans. This bill’s text is now available.

H.R. 1037: To authorize the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs. This bill’s text for status Passed the House (Jul 18, 2018) is now available.

H.R. 3777: Juab County Conveyance Act of 2018. This bill’s text for status Referred to Senate Committee (Jul 18, 2018) is now available.

H.R. 4032: Gila River Indian Community Federal Rights-of-Way, Easements and Boundary Clarification Act. This bill’s text for status Referred to Senate Committee (Jul 18, 2018) is now available.

H.R. 5171: Ski Area Fee Retention Act. Ordered to be Reported by Unanimous Consent.

H.R. 5347: Lyon County Economic Development and Environmental Remediation Act. Ordered to be Reported (Amended) by the Yeas and Nays: 16 – 15.

H.R. 5532: Reconstruction Era National Historical Park Act. Ordered to be Reported (Amended) by Unanimous Consent.

H.R. 5556: Environmental Compliance Cost Transparency Act of 2018. Ordered to be Reported (Amended) by Unanimous Consent.

H.R. 5923: Walnut Grove Land Exchange Act. Ordered to be Reported (Amended) by Unanimous Consent. The committees assigned to this bill sent it to the House or Senate as a whole for consideration on July 18, 2018.

H.R. 5979: Mill Springs Battlefield National Monument Act. Ordered to be Reported (Amended) by Unanimous Consent.

H.R. 6038: To establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota. Ordered to be Reported (Amended) by Voice Vote.

H.R. 6039: To establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State of North Dakota. Ordered to be Reported (Amended) by Voice Vote.

H.R. 6040: Contra Costa Canal Transfer Act. Ordered to be Reported (Amended) by Unanimous Consent.

H.R. 6146: Cottonwood Land Exchange Act of 2018. Ordered to be Reported (Amended) by Unanimous Consent.

H.R. 6147: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019. This bill’s text for status Passed the House (Jul 19, 2018) is now available.

S. 3245: A bill to require the Secretary of Agriculture to transfer certain National Forest System land in the State of Texas. Referred to the Senate Committee on Energy and Natural Resources.


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

AGRICULTURE DEPARTMENT: Notice USDA has submitted the following information collection requirement(s) to OMB for review. Title: Endangered Species Regulations and Forfeiture Procedures. Info here.

ENVIRONMENTAL PROTECTION AGENCY:

Rule establishes tolerances for residues of flonicamid in or on multiple commodities that are identified and discussed later in this document as well as tolerances with regional registrations on clover, forage and clover, hay. Info here.

Rule EPA is proposing to approve elements of State Implementation Plan (SIP) revisions from the State of Utah to demonstrate the State meets infrastructure monitoring requirements of the Clean Air Act (Act or CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for lead. Details here.

Rule that on February 7, 2018, the State of Washington made a submittal to the Environmental Protection Agency (EPA) to address these requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA is proposing to approve the submittal. Details here.

Rule EPA is proposing to approve eight State Implementation Plan (SIP) revisions submitted by the State of Wyoming, four submitted on March 27, 2017, and four submitted on March 28, 2018. Info here.

Rule is a notification that additional data has been added to the docket for the proposal to amend the significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for oxazolidine. Details here.

FISH AND WILDLIFE SERVICE:

Notice the Green Diamond Resource Company of Korbel, California (applicant), has applied to the U.S. Fish and Wildlife Service (Service) for the issuance of an incidental take permit under the Endangered Species Act (ESA) and issuance of a Migratory Bird Scientific Collecting Permit under the Migratory Bird Treaty Act. Info here.

NATIONAL OCEANIC AND ARMOSPHERIC ADMINISTRATION:

Notice the Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. Info here.

Notice the South Atlantic Fishery Management Council (Council) will hold a meeting of its Citizen Science Operations Committee to address development of the Citizen Science Program Standard Operating Policies and Procedures. Info here.

Notice NMFS publishes for public review and comment information regarding a permit application for transshipment of Atlantic herring by Canadian vessels, submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act. Details here.