A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
ANNOUNCEMENT: Join us TODAY at 12 noon (ET) for a free webinar: Harmful Algal Blooms and Agricultural Nutrients: State Responses to a Growing Issue. Details and sign-in information here.
JUDICIAL: Includes nuisance, ITC, and SNAP issues.
In Walker v. Kingfisher Wind, LLC, No. CIV-14-914-D, 2016 WL 5947307 (W.D. Okla. Oct. 13, 2016), plaintiffs sued for “anticipatory nuisance” arising from defendant’s construction and maintenance of a wind turbine farm. Plaintiffs complained of migraines, queasiness, stress, and noise generated by the turbines. Regarding anticipatory nuisance, the court stated, “the harm suffered must be irreparable – not compensable in money damages – and the evidence must be ‘clear and convincing that there is a reasonable probability of injury, not just a mere apprehension.’” Court found plaintiffs’ injuries were “too speculative to constitute harm,” and any aesthetic concerns were “insufficient alone to constitute an actionable nuisance.” Summary judgment for defendant granted.
In Imperial Sugar Co. v. United States, No. 15-00118, 2016 WL 5940080 (Ct. Int’l Trade Oct. 5, 2016), plaintiff challenged United States International Trade Commission’s (ITC) determination that agreements suspending antidumping (AD) and countervailing duty (CVD) investigations involving sugar from Mexico “eliminate completely the injurious effect of subject imports.” Plaintiff argued ITC’s statutory interpretation of “eliminate completely” and the agency’s failure to provide parties an “opportunity to comment on an economic model” was not in accordance with law. The court observed that “there is no discernible injurious effect caused by suspending the AD and CVD investigations pursuant to these Agreements that would limit imports and impose minimum reference prices.” With respect to plaintiff’s claim of a right to comment, the court noted, “Plaintiff has no statutory right to comment on the economic model because it is not submitted information or facts.” Plaintiff’s motion for summary judgment denied.
In UNITED STATES OF AMERICA, Plaintiff, v. LYLE STEED JEFFS, et al., Defendant., No. 2:16-CR-82 TS, 2016 WL 6078320 (D. Utah Oct. 17, 2016), defendants were charged with conspiracy to commit Supplemental Nutrition Assistance Program (SNAP) benefits fraud and conspiracy to commit money laundering. Defendants were detained, but later released and then violated their pretrial release. Defendants were ordered detained pending trial and sought severance to protect their right to a speedy trial. The court observed that, “As a general rule, individuals indicted together should be tried together. A defendant wishing to obtain severance must show actual prejudice will result from failure to sever the trials.” Defendants’ motion to sever denied.
REGULATORY: Includes USDA, EPA and NOAA rules and notices.
AGRICULTURE DEPARTMENT: Notice USDA has submitted information collection requirement(s) to OMB for review. Title: Specimen Submission. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule establishing tolerances for residues of penflufen in or on vegetable, bulb, group 3-07; beet, sugar, roots; and beet, sugar, tops. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS is adjusting the commercial aggregated large coastal shark and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 45 LCS other than sandbar sharks per vessel per trip to 25 LCS other than sandbar sharks per vessel per trip. Info here.
Rule NMFS prohibits directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area. Details here.
Rule NMFS is closing the directed fishery for Atlantic herring in Herring Management Area 1A, based on a projection that a prescribed trigger for that area has been reached. Info here.