A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
ANNOUNCEMENT: Join us TODAY at 12 noon (ET) for an Agricultural & Food Law Consortium webinar: “Agritourism, Zoonotic Diseases and Legal Liability.” Details available here.
JUDICIAL: Includes CWA, estate planning, and administrative law issues.
FLORIDA WILDLIFE FEDERATION INC., ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA INC., CONSERVANCY OF SOUTHWEST FLORIDA INC., Plaintiffs – Appellants Cross Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendants – Appellees Cross Appellants, No. 14-13392, 2017 WL 2622333 (11TH Cir. June 19, 2017), plaintiffs alleged decisions by the U.S. Army Corps of Engineers (Corps) about when to release water from certain locks along the Okeechobee Waterway violated the Clean Water Act (CWA) because they negatively affected the quality of the waters. Defendant invoked sovereign immunity, and the district court dismissed the plaintiffs’ complaint on that basis. The South Florida Water Management District joined plaintiffs’ appeal contending the district court “should have first decided whether the plaintiffs failed to join the Water District as an indispensable party under Federal Rule of Civil Procedure 19(b).” Issue for court was whether the litigation should proceed in the Water District’s absence and court affirmed district court judgment that Water District was an “indispensable party” under Rule 19(b).
SUSAN HARMON, individually and as Trustee of the Susan Harmon Trust, Plaintiff-Appellant, v. HOWARD NUSBAUM, individually and as Trustee under the Howard Nusbaum Trust and as Trustee under the Milton S. Nusbaum 2002 Living Trust, as amended, ANDREA NUSBAUM, individually and as Trustee under the Andrea Nusbaum Trust, Defendants-Appellees, No. 1-16-2018, 2017 IL App (1st) 162018-U (Ill. Ct. App. June 15, 2017), plaintiff claimed defendants breached their fiduciary duties by failing to distribute to plaintiff her share of an account used to manage a family farm that was part of a trust. Defendants countered they were entitled to summary judgment because plaintiff released them from all claims as part of a general release “executed by the parties to effectuate distribution of a trust among the beneficiaries.” The court sided with defendants, reasoning that, “A release is a contract whereby a party abandons a claim to the person against whom the claim exists.”
FEKKES LAND, LLC, a Washington limited liability company, Petitioner, v. UNITED STATES of America, and the United States Department of the Interior, Respondents, NO. 2:16-cv-00378-SAB, 2017 WL 2604255 (E.D. Wash. June 15, 2017) involved the Reclamation Act wherein the petitioner (land owner) was charged for reclamation irrigation water delivered to him for “ineligible excess land” and also assessed administrative fees for a number of years. Petitioner claimed defendant “lacks the statutory authority to impose the full-cost compensation charges assessed for water deliveries in excess of 160 acres.” Respondents argued it is required by law “to seek collection of full-cost charges for water delivered to Petitioner in excess of 160 acres.” Court granted summary judgment for defendants and concluded “the Bureau properly assessed compensation charges for water deliveries.”
REGULATORY: Includes USDA, APHIS, EPA, FWS, FS, NOAA and OAO rules and notices.
AGRICULTURE DEPARTMENT: Notice FSA has submitted a Generic Information Collection Request: “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” to OMB for approval under the Paperwork Reduction Act. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Rule APHIS proposes to amend the fruit and vegetable regulations to allow the importation of tree tomatoes from Ecuador into the continental United States. Info here.
Rule APHIS will amend the fruits and vegetables regulations to allow the importation of commercial consignments into the continental United States of fresh pomegranate fruit from Turkey. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule EPA is taking direct final action to approve revisions to the Mojave Desert Air Quality Management District, Northern Sierra Air Quality Management District, and San Diego County Air Pollution Control District portions of the California State Implementation Plan. Details here.
FISH AND WILDLIFE SERVICE:
Notice FWS seeks comment on federally listed American burying beetle incidental take permit applications. Info here.
Notice FWS seeks comment on applications to conduct certain activities with endangered species. Details here.
FOREST SERVICE: Notice the Ochoco National Forest is preparing an Environmental Impact Statement (EIS) to analyze the effects of revising the 1975 Ochoco Wild and Free Roaming Herd Management Plan. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS implements accountability measures for commercial snowy grouper in the exclusive economic zone of the South Atlantic. Info here.
Notice NMFS announces its intent to conduct 5-year reviews for the endangered Baiji/Chinese River Dolphin/Yangtze River Dolphin, and the endangered Saimaa subspecies of ringed seal. Details here.
OFFICE OF ADVOCACY AND OUTREACH: Notice announces the availability of funds and solicits applications from community-based and non-profit organizations, institutions of higher education, and Tribal entities to compete for financial assistance through the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers Program. Details here.