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


JUDICIAL: Includes international trade and ag lease issues.

In WELL LUCK COMPANY, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee, 2017-1816, 887 F.3d 1106 (Fed. Cir. April 11, 2018), importer of sunflower seeds challenged Customs and Border Protection’s classification under the Harmonized Tariff Schedule of the United States (HTSUS) of its entry of “roasted, salted, and/or flavored whole sunflower seeds in their shells.” Court of International Trade granted government’s cross-motion for summary judgment and importer appealed. Appellate court found importer’s merchandise was “prima facie classifiable under HTSUS heading for sunflower seeds,” and was “prima facie classifiable under HTSUS heading covering fruits, nuts, and other edible parts of plants.” Affirmed.

Jack C. NEUMANN, et al., Respondents, v. Roxann ANDERSON, Respondent, Kimberly S. Pronschinske, et al., Appellants. A17-1450, 2018 WL 1997090 (Minn. Ct. App. April 30, 2018) involved a family dispute over rural property. Three siblings owned undivided one-third interests in two parcels of land. One sibling sought a partition and two court-appointed referees recommended the parcels be awarded to one of the siblings that leased the parcels for 14 years. Referees also recommended she make payments to her two siblings for the value of their interests. District court rejected the recommendations and ruled the two parcels would be “physically divided so that each sibling would own an equal amount of property.” Appellate court reasoned the referee recommendations conformed with Minnesota law and observed that “the law of partition is not limited to the statutory remedies . . . but, rather, includes equitable principles, which are flexible enough to accommodate any number of particular circumstances.” Reversed.


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

ENVIRONMENTAL PROTECTION AGENCY:

Rule EPA is approving portions of Louisiana’s State Implementation Plan (SIP) submittal and a technical supplement, that address a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 fine particulate matter National Ambient Air Quality Standards. Details here.

Rule EPA is proposing to approve a revision to the Yolo-Solano Air Quality Management District portion of the California State Implementation Plan. Info here.

Rule EPA is proposing to approve a request submitted by the Michigan Department of Environmental Quality on February 2, 2017, and supplemented on November 8, 2017, to revise the Michigan state implementation plan for carbon monoxide (CO). Info here.

Rule EPA is proposing to take three actions regarding the Missouri State Implementation Plan. Details here.

Rule EPA is proposing to approve two state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions pertain to base year emission inventories for the Lebanon County and Delaware County nonattainment areas for the 2012 annual fine particulate national ambient air quality standard. Details here.

Rule EPA is proposing to approve the ozone attainment demonstration State Implementation Plan (SIP) revisions for the Dallas/Fort Worth moderate ozone nonattainment area under the 2008 ozone National Ambient Air Quality Standard submitted by the State of Texas. Info here.

Rule EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the Friction Materials Manufacturing Facilities source category. Info here.

FISH AND WILDLIFE SERVICENotice FWS will open a public scoping period and announce a public open house meeting in accordance with requirements of National Environmental Policy Act (NEPA) regulations. Details here.

FOOD AND DRUG ADMINISTRATION: Rule FDA is amending the common or usual name regulation for crabmeat by replacing “brown king crabmeat” with “golden king crabmeat” as the common or usual name for crabmeat derived from the species Lithodes aequispinus. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS announces the closure of the Northern Gulf of Maine Scallop Management Area for the remainder of the 2018 fishing year for Limited Access General Category vessels. Info here.

Rule NOAA is implementing specifications for the 2018 monkfish fishery, including total allowable landings limits, trip limits, and day-at-sea limits. Details here.

Notice Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information. Title: West Coast Region Gear Identification Requirements. Info here.

Notice Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information. Title: Assessment of the Social and Economic Impact of Hurricanes and Other Climate Related Natural Disasters on Commercial and Recreational Fishing Industries in the Eastern, Gulf Coast and Caribbean Territories of the United States. Details here.

Notice Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information. Title: West Coast Region Vessel Identification Requirements. Info here.

Notice NMFS will prepare an Environmental Impact Statement (EIS) to inform its decision of whether to determine that a resource management plan (RMP) jointly developed by the Washington Department of Fish and Wildlife (WDFW) and the Puget Sound Tribes (Tribes), collectively the co-managers, meets requirements under Limit 6 of the ESA 4(d) rule for the ESA-listed Puget Sound Chinook salmon Evolutionarily Significant Unit. Info here.

Notice that the Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit Application from the Atlantic Offshore Lobsterman’s Association and Maine Department of Marine Resources contains all the required information and warrants further consideration. Info here.

RURAL HOUSING SERVICE: Notice announces that the Rural Housing Service (Agency) is accepting Fiscal Year (FY) 2018 applications for the Community Facilities Technical Assistance and Training (TAT) Grant program. Details here.