LEGISLATIVE:

OMAHA STEAKS INTERNATIONAL, INC., Appellant v. GREATER OMAHA PACKING CO., INC., Appellee, No. 2018-1152, 2018 WL 5985963 (Fed. Cir. Nov. 15, 2018); Omaha Steaks International, Inc. (“Omaha Steaks”) appeals a decision of the Trademark Trial and Appeal Board (“Board”) dismissing its opposition (No. 91213527) to Greater Omaha Packing Co., Inc.’s (“GOP”) application to register the mark “GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF” (“Opposed Mark”) for meat, including boxed beef primal cuts. The Board concluded that there is no likelihood of confusion between the Opposed Mark and Omaha Steaks’ previously registered trademarks. Court concluded that the Board made certain errors while analyzing the fame of the registered mark, third-party usage, and similarity of the marks. Court vacates and reverses.
Thuan An Prod. Trading & Serv. Co. v. United States, No. 17-00056, 2018 WL 5794540 (Ct. Int’l Trade Nov. 5, 2018);

Regulatory:

Notice of intent to initiate the plan development phase of the land management plan revision for the Salmon-Challis National Forest: Forest Service, USDA; The Salmon-Challis National Forest is initiating the land management planning process pursuant to the 2012 Planning Rule. This process will result in a revised land management plan that describes the strategic direction for management of forest resources for the next 10 to 15 years on the Salmon-Challis National Forest. The Salmon-Challis is inviting the public to help us identify the need to change the existing Challis and Salmon Land Management Plans, as well as, the appropriate plan components that will become a proposed action for the land management plan revision. Info HERE

Notice of intent to prepare an environmental impact statement: Forest Service, USDA; The Heppner and North Fork John Day Ranger Districts propose the Ellis Integrated Vegetation Project (Ellis Project) to reduce overstocking, improve ecosystem health, and enhance resilient landscapes by creating and maintaining heterogeneous vegetative conditions at multiple scales. As a result, this action will reduce the risk of uncharacteristic disturbances; enhance vegetative communities; provide well-distributed, high quality wildlife habitat for associated species; aid in protecting values at risk; promote the health and safety of the public and firefighters; and contribute to social, cultural, and economic needs. The project area is approximately 15 miles southeast of Heppner and 7 miles west of Ukiah, Oregon, in Morrow, Umatilla, and Grant Counties. Based on internal and external issues raised early in proposal development; and the scope, scale, and potentially significant beneficial impacts to distribution of wildlife, forest health, and fuels reduction, the Umatilla National Forest plans to prepare an environmental impact statement (EIS). Info HERE

Notice of Intent to Re-establish the Black Hills National Forest Advisory Board Charter: Forest Service, USDA; The U. S. Department of Agriculture (USDA), intends to re-establish the Black Hills National Forest Advisory Board (Board) charter. In accordance with the provisions of the Federal Advisory Committee Act (FACA), the Board is being re-established to continue obtaining advice and recommendations on a broad range of forest issues such as forest plan revisions or amendments, forest health including fire management and mountain pine beetle infestations, travel management, forest monitoring and evaluation, recreation fees, and site-specific projects having forest wide implications. Info HERE

Semiannual regulatory agenda: Office of the Secretary, USDA; This agenda provides summary descriptions of the significant and not significant regulatory and deregulatory actions being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders (E.O.) 12866, “Regulatory Planning and Review,” 13771, “Reducing Regulation and Controlling Regulatory Costs,” 13777, “Enforcing the Regulatory Reform Agenda,” and 13563, “Improving Regulation and Regulatory Review.” The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with Executive Order 13563. Info HERE

Proposed rule: Agricultural Marketing Service, USDA; This proposed rule invites comments on a recommendation made by the California Olive Committee (Committee) to establish procedures to conduct meetings and voting using electronic means of communication. Info HERE

Withdrawal of direct final rule: Environmental Protection Agency (EPA); EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 28 chemical substances, which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures, which requires EPA to take certain actions if an adverse comment is received. EPA received adverse comments and a request to extend the comment period regarding the SNURs Start Printed Page 57690identified in the direct final rule. Therefore, the Agency is withdrawing the direct final rule SNURs identified in this document, as required under the direct final rulemaking procedures. Info HERE

LEGISLATIVE:

H.R. 4033: National Geologic Mapping Act Reauthorization Act; To reauthorize the National Geologic Mapping Act of 1992, Referred to Senate Committee Info HERE

H.R. 5636: Flatside Wilderness Enhancement Act; To designate additions to the Flatside Wilderness on the Ouachita National Forest, and for other purposes, Referred to Senate Committee, Info HERE

H.R. 6666: To authorize the Secretary of the Interior to grant to States and local governments easements and rights-of-way over Federal land within Gateway National Recreation Area for construction, operation, and maintenance of projects for control and prevention of flooding and shoreline erosion. To authorize the Secretary of the Interior to grant to States and local governments easements and rights-of-way over Federal land within Gateway National Recreation Area for construction, operation, and maintenance of projects for control and prevention of flooding and shoreline erosion, Info HERE