A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
ANNOUNCEMENT: Join us this Friday, June 9, in Memphis, Tennessee, for the 4th Annual Mid-South Agricultural and Environmental Law Conference. Details here.
JUDICIAL: Includes secured transactions and taxation issues.
In GLORIA’S RANCH, L.L.C., Plaintiff–Appellee v. TAUREN EXPLORATION, INC., Cubic Energy, Inc., Wells Fargo Energy Capital, Inc., and Exco USA Asset, Inc., Defendants–Appellants, No. 51,077–CA, 2017 WL 2391927 (2nd Cir. June 2, 2017), defendants appealed after trial court awarded plaintiff $23,000,000 in monetary awards and $1,000,000 in attorney fees for lost mineral leasing opportunities. Per the large lost opportunity awarded, the court observed that the trial court “had a legitimate factual basis for finding Wells Fargo solidarily liable with the remaining defendants,” and that, “It is the coextensiveness of the obligations for the same debt, and not the source of liability, which determines the solidarity of the obligation.” The court also found the attorney fees reasonable considering the “length and complexity of this 19–volume case.” Award affirmed for plaintiff.
In ROBIN J. WISNER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GLADYS P. WISNER, DECEASED, APPELLANT, v. VANDELAY INVESTMENTS, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY, ET AL., APPELLEES, No. A-16-451, 2017 WL 2399492 (Neb. Ct. App. May 30, 2017), plaintiff appealed decision quieting title of some real property in favor of defendant. Plaintiff argued defendant did not meet requirements of proper notice and publication under Nebraska’s Treasurer’s Tax Deeds. Court noted defendant knew where plaintiff could be found and never completed service of process as required by statute. Reversed for plaintiff and remanded.
June 15, 2017 at 11 a.m. — Committee Meeting. House Committee on Appropriations: Subcommittee on Transportation, Housing and Urban Development, and Related Agencies Meeting. Department of Transportation – Budget Hearing (Location: RHOB 2358-A).
June 15, 2017 at 1 p.m. — Committee Meeting. House Committee on Appropriations: Subcommittee on Interior, Environment, and Related Agencies Meeting. Environmental Protection Agency – Budget Hearing (Location: RHOB 2007).
June 16, 2017 at 10:30 a.m. — Committee Meeting. House Committee on Appropriations: Subcommittee on Commerce, Justice, Science, and Related Agencies Meeting. Federal Bureau of Investigation – Budget Hearing (Location: RHOB 2359).
REGULATORY: Includes EPA, FDA, FNS, GIPSA, ITA, NOAA, RBCS, and RUS rules and notices.
ENVIRONMENTAL PROTECTION AGENCY:
Rule EPA is taking final action to approve revisions to the State of Nevada’s April 3, 2012 state implementation plan submission and the State’s August 26, 2016 supplement to their 2012 submittal. Info here.
Rule EPA is taking final action to approve a request from the state of Tennessee for EPA to relax the Reid Vapor Pressure standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year in Davidson, Rutherford, Sumner, Williamson, and Wilson Counties. Details here.
FOOD AND DRUG ADMINISTRATION: Rule FDA seeks comment on the proposed collection of information regarding Third Party Disclosure and Recordkeeping Requirements for Reportable Food. Info here.
FOOD AND NUTRITION SERVICE: Notice of a study assessing the effectiveness of the current formula used for State Administrative Expense allocations for Child Nutrition Programs, identify and examine factors that influence State spending. Info here.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION: Notice GIPSA will request that the Office of Management and Budget approve a 3-year extension of a currently approved information collection in support of the reporting and recordkeeping requirements under the Packers and Stockyards Act of 1921. Details here.
INTERNATIONAL TRADE ADMINISTRATION: Notice Commerce is conducting an administrative review and a new shipper review of the antidumping duty order on freshwater crawfish tail meat from China. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NOAA expanded the boundaries of Gulf of the Farallones National Marine Sanctuary and Cordell Bank National Marine Sanctuary to an area north and west of their previous boundaries with a final rule published on March 12, 2015. Info here.
Rule revises the Gulf of Mexico red snapper commercial and recreational sector allocations of the stock annual catch limit, the commercial and recreational quotas, and the recreational annual catch targets, including ACTs for the private angling and for-hire components of the recreational sector. Details here.
Rule NMFS issues regulations pursuant to the Marine Mammal Protection Act to govern the taking of marine mammals incidental to conducting waterfront construction at Naval Submarine Base Kings Bay, GA, over the course of five years (2017-2022). Details here.
Rule NMFS is reviewing rules, as required, under section 610 of the Regulatory Flexibility Act, which had, or will have a significant impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. Info here.
Notice the National Museum of Natural History [Kirk Johnson, Ph.D., Responsible Party] P.O. Box 37012, Washington, DC 20013, has applied in due form for a permit to receive, import, and export marine mammal parts for scientific research. Info here.
RURAL BUSINESS-COOPERATIVE SERVICE:
Rule announcing a correction to the final rule published in the Federal Register on June 3, 2016, entitled “Guaranteed Loanmaking and Servicing Regulations.” Info here.
Notice RBCS is accepting fiscal year 2017 applications for the Socially-Disadvantaged Groups Grant program. Info here.
RURAL UTILITIES SERVICE: Rule announcing a correction to the final rule published in the Federal Register on June 3, 2016, entitled “Guaranteed Loanmaking and Servicing Regulations.” Info here.