A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
CASE LAW: Today’s cases include AWPA, SNAP benefits, Maryland’s Critical Area law, and industrial hemp.
ALEJANDRO JURADO JIMENEZ et al., Plaintiffs, v. GLK FOODS LLC & RYAN A. DOWNS, Defendants. & JOSE ENRIQUEZ RAMIREZ et al., Plaintiffs, v. GLK FOODS LLC & RYAN A. DOWNS, Defendants., No. 12-CV-209, 2016 WL 2997498 (E.D. Wis. May 23, 2016), involved class actions arising from employment of Mexican migrant workers at a sauerkraut facility. Plaintiffs granted summary judgment on claim defendant violated the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Wisconsin Migrant Labor Act (WMLA) and breached its contracts with the workers by terminating their employment without justification.
UNITED STATES v. JEFFS, No. 2:16-CR-82 TS, 2016 WL 2997466 (D. Utah May 23, 2016) involved conspiracy to commit SNAP benefits fraud and money laundering. Court granted government’s demand for a speedy trial.
Assateague Coastal Trust, Inc. v. Schwalbach, No. 59 SEPT.TERM 2015, 2016 WL 2956538 (Md. May 23, 2016) involved Maryland’s Critical Area law ensuring land near Chesapeake Bay and the Atlantic coastal bays is protected from environmentally damaging development. Defendant, a developer, sought a variance and was required to show he would suffer “unwarranted hardship” without it. Evidence revealed the variance would not impact water quality or the wildlife and plant habitat within the Critical Area. Court affirmed earlier judgment that defendant was not required to show he would be “denied all reasonable and significant use of his land without the variance.”
In MENOMINEE INDIAN TRIBE OF WISCONSIN, Plaintiff, v. DRUG ENFORCEMENT ADMINISTRATION & UNITED STATES DEPARTMENT OF JUSTICE, Defendants., No. 15-CV-1378, 2016 WL 2997499 (E.D. Wis. May 23, 2016), the Menominee Indian Tribe filed a declaratory action against the DOJ and the DEA after federal agents raided reservation lands seizing hemp crops. Plaintiffs wanted a judgment declaring that its hemp cultivation in connection with the College of Menominee Nation is lawful under the Controlled Substances Act, but the court granted Government’s motion to dismiss.
LEGISLATIVE: Concerning invasive species, EPA, and Committee on Energy and Natural Resources.
H.Res. 754: Expressing the commitment of the House of Representatives to work to combat the nationwide problem of invasive species threatening native ecosystems. This resolution’s text is available here.
S. 2012: Energy Policy Modernization Act of 2016. This bill’s text is available here.
S. 2993: A bill to direct the Administrator of the Environmental Protection Agency to change the spill prevention, control, and countermeasure rule with respect to certain farms. This bill was referred to the Senate Committee on Environment and Public Works which will consider it before sending it to the Senate. Sponsor: Sen. Deb Fischer [R-NE]
S. 3005: A bill to establish the Alaska Land Use Council, and for other purposes. This bill was referred to the Senate Committee on Energy and Natural Resources which will consider it before sending it to the Senate. Sponsor: Sen. Lisa Murkowski [R-AK]
REGULATORY: Includes AMS, APHIS, FDA, and USTR.
AGRICULTURAL MARKETING SERVICE: Notice that Comments are requested regarding AMS information collection activities. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE: Rule that APHIS is amending the regulations allowing importation of fresh Hass avocado fruit into the continental United States, Hawaii, and Puerto Rico from all of Mexico, provided individual Mexican States meet certain requirements. Details here.
FOOD AND DRUG ADMINISTRATION: Rule that FDA is revising labeling regulations for conventional foods and dietary supplements in order to provide updated nutrition information on labels. Info here.
TRADE REPRESENTATIVE, OFFICE OF THE US:
Notice of Fiscal Year 2016 tariff-rate quota allocations for raw cane sugar. Info here.
Notice of Fiscal Year 2017 tariff-rate quota allocations for raw cane sugar, refined and specialty sugar and sugar-containing products. Info here.