Judicial: Food Labeling, Easements

Hawkins v. The Kroger Co., No. 16-55532, 2018 WL 4782382 (9th Cir. Oct. 4, 2018)

Court asked to determine, inter alia, whether FDA trans fat regulations governing the contents of the Nutrition Facts Panel preempt California’s unfair competition laws proscribing false or misleading advertising elsewhere on a food product’s label. Court held that they do not; the plaintiff can challenge the legitimacy of defendant’s product advertising on the face of the label that it contains “0g Trans Fat per serving.” Court took the occasion to reinforce and apply their holding in Reid v. Johnson & Johnson that “a requirement to state certain facts in the nutrition label is not a license to make that statement elsewhere on the product.”

KEVIN GEHEB, Appellant V. TRANSCANADA KEYSTONE PIPELINE, LP, Appellee, No. 09-17-00107-CV, 2018 WL 4779040 (Tex. App. Oct. 4, 2018)
In 2008, farmer leased a tract of land from landowner, where farmer operated a farm. In 2010, Landowner sold Keystone an easement, which allowed Keystone to build an underground pipeline across farm. When the construction project reached farm in 2012, farmer signed a release, in return for money, that released Keystone from any damages that Keystone caused to farmer’s 2012 crop. The 2012 Release, however, did not include damages that farmer might suffer after 2012.
When Keystone failed to complete its work on its pipeline across farm by year-end 2012, farmer and Keystone mutually agreed to the terms memorialized in a second release, the 2013 Release. Unlike the 2012 Release, the 2013 Release is broader in its scope, as it contains no language limiting the scope of the release to farmer’s 2013 crop.  In December 2013, Landowner terminated farmer’s lease for nonpayment of rent. Approximately one year later, farmer sued Keystone for damages, which he alleged were related to Keystone’s failure to restore the surface on his farm to the condition it was in prior to the date that Keystone built a pipeline across his farm. According to farmer’s petition, Keystone’s failure to properly restore the surface of his farm to its prior condition made it impossible for him to farm the tract. Farmer’s petition includes five theories of recovery: (1) inverse condemnation; (2) breach of agreement; (3) tortious interference with his lease; (4) negligence; and (5) various additional theories sounding in fraud.
Notice of Availability of the Draft Greater Sage-grouse Proposed Land Management Plan Amendments and Draft Environmental Impact Statement for the Intermountain and Rocky Mountain Regions; Forest Service, USDA; The U.S. Department of Agriculture, Forest Service has prepared the Draft Greater Sage-grouse Proposed Land Management Plan Amendments (LMPA) and Draft Environmental Impact Statement (EIS) for the Intermountain and Rocky Mountain Regions. This notice is announcing the opening of the comment period and the Forest Service is soliciting comments on the Draft LMPA and Draft EIS. Info HERE
Notice: Environmental Protection Agency (EPA); This Notice announces the availability of a document: A Working Approach for Identifying Potential Candidate Chemicals for Prioritization. The document lays out EPA’s near-term approach for identifying potential chemicals for prioritization, the initial step in evaluating the safety of existing chemicals under the Toxic Substances Control Act (TSCA). The document also includes a longer-term risk-based approach for considering the larger TSCA active chemical universe. EPA is opening a public docket to accept comments on this approach, which will inform a public meeting to be held in early 2019. This docket will remain open until November 15, 2018. In a related but separate action, EPA is opening 74 public dockets, one for each of the 73 remaining chemicals on the 2014 Update to the TSCA Work Plan for Chemical Assessments that have not received manufacturer requests for EPA evaluation and an additional general docket for chemicals not on the Work Plan. These dockets will be open until December 1, 2019.