A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes SNAP and NEPA issues.
In United States v. Odeh, No. 15-3389, 2016 WL 4248616 (7th Cir. Aug. 10, 2016), defendants pleaded guilty, but appealed their conviction of conspiracy to acquire food-stamp payments, aiding and assisting filing of false corporate tax returns, and trafficking in counterfeit goods. The court noted defendants agreed to waive their right to appeal their sentences “unless they were sentenced above the advisory guideline ranges.” Court concluded both defendants were sentenced within the advisory guidelines range and dismissed their appeals.
In ASF3, INC. v. United States, No. 15-2291, 2016 WL 4258842 (6th Cir. Aug. 12, 2016), plaintiff appealed grant of summary judgment regarding USDA’s decision to permanently disqualify his store from participating in food stamp program. USDA determined plaintiff provided false information on his application to participate in the Supplemental Nutrition Assistance Program (SNAP). Plaintiff failed to disclose that his mother, who had “previously been permanently disqualified for trafficking in food stamps,” was financially involved in plaintiff’s store. Judgment for USDA affirmed.
Cure Land, LLC v. United States Dep’t of Agric., No. 14-1415, 2016 WL 4254932 (10th Cir. Aug. 12, 2016) concerned a rural water conservation program administered by USDA. Plaintiffs argued USDA’s proposed amendment to the conservation program contradicted the National Environmental Policy Act (NEPA) and the Administrative Procedures Act (APA). As part of the conservation program, enrolled cropland owners would receive payments in exchange for “ceasing irrigation of their land.” Furthermore, a proposed amendment to the program included designation of a “target zone” that applied different rules for landowners within the zone. Plaintiffs argued that including a target zone would result in “significant negative environmental impacts” and that USDA “wrongly relied on the public’s perception that changing the target zone’s enrollment requirements was inequitable.” The court reasoned, however, that “socioeconomic impacts, standing alone, do not constitute significant environmental impacts cognizable under NEPA.” Ruling for USDA affirmed.
REGULATORY: Includes AMS, USDA, EPA, FNS, FS, NOAA, RBCS and RUS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule directing a referendum be conducted among eligible producers of pistachios grown in California, Arizona, and New Mexico to determine whether they favor continuance of the marketing order regulating handling of pistachios produced in the production area. Info here.
Notice announcing AMS’s intention to request approval for an extension of and revision to the currently approved information collection for report forms under the Federal milk marketing order program. Info here.
AGRICULTURE DEPARTMENT: Notice announcing intent of the Office of Advocacy and Outreach to request an extension of a currently approved information collection to the Minority Farm Register. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule establishing tolerances for residues of flumioxazin on soybean forage and hay. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act. Details here.
FOOD AND NUTRITION SERVICE: Notice inviting the public and other public agencies to comment on this proposed information collection. Title: Supplemental Nutrition Assistance Program (SNAP)—Title 7, Part 275. Info here.
FOREST SERVICE: Notice the Mineral County Resource Advisory Committee will meet in Superior, Montana. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS announces Florida is transferring a portion of its 2016 commercial bluefish quota to New York. Details here.
Rule announcing reduction of the commercial per-trip possession limit for northern red hake for remainder of the 2016 fishing year. Info here.
Rule NMFS proposes to approve and implement measures included in Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan, which the New England Fishery Management Council adopted and submitted to NMFS for approval. Info here.
Notice NMFS announces availability of the Puget Sound/Georgia Basin Yelloweye rockfish and Bocaccio Draft Recovery Plan for public review. Info here.
Notice NMFS announces the receipt of an application for an exempted fishing permit from the Florida Keys Commercial Fisherman’s Association. Details here.
RURAL BUSINESS-COOPERATIVE SERVICE: Rule that this document contains corrections to the final rule published in the Federal Register of June 3, 2016, entitled “Guaranteed Loanmaking and Servicing Regulations.” Info here.
RURAL UTILITIES SERVICE: Rule that this document contains corrections to the final rule published in the Federal Register of June 3, 2016, entitled “Guaranteed Loanmaking and Servicing Regulations.” Info here.