A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu.
JUDICIAL:
CODY ETHERTON, HOPE ETHERTON, Plaintiffs-Appellants, v. CITY OF RAINSVILLE, NICK JONES, BRANDON FREEMAN, MELISSA LEDBETTER, ROGER LINGERFELT, JOSEPH GRAHAM, DAVID HOLT, RICHARD GIBSON, Defendants-Appellees., No. 15-15147, 2016 WL 5349206 (11th Cir. Sept. 26, 2016) involved a zoning ordinance to prohibit poultry farming as a permitted use for agricultural property in city limits. Landowners are required to obtain a “special exception” allowing for operation of a poultry farm. Plaintiffs (poultry farmers) were ‘grandfathered-in” under the ordinance and attempted to sell their farm. Potential purchasers of the property would be forced to obtain the exception in order to continue as a poultry farm. Plaintiff’s argued their use of the property was a “vested right” transferrable to successors, could not “be divested without compensation,” and that the city interfered with their attempts to sell the property. Appellate court found that plaintiffs were not deprived of “a constitutionally-protected interest in the Property, as it did not itself affect the [plaintffs’] use of their property.” Court further ruled defendants acted under “qualified immunity” and did nothing other than “perform discretionary functions of their offices.” Ruling for defendants affirmed.
REGULATORY: Includes FWS, FS, NOAA, and RHS rules and notices.
FISH AND WILDLIFE SERVICE:
Rule FWS and NMFS finalize changes to the regulations concerning petitions, to improve the content and specificity of petitions and to enhance the efficiency and effectiveness of the petition process to support species conservation. Info here.
Notice FWS invites the public to comment on applications for a permit to conduct activities intended to enhance the survival of endangered species. Details here.
FOREST SERVICE:
Notice USDA has submitted the following information collection requirement(s) to OMB for review. Title: Forest Industries Data Collection System. Details here.
Notice the Ottawa National Forest is proposing new recreation fee sites. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule FWS and NMFS finalize changes to the regulations concerning petitions, to improve the content and specificity of petitions and to enhance the efficiency and effectiveness of the petition process to support species conservation. Details here.
Rule correcting the recreational harvest limit value published in the 2016-2018 Atlantic bluefish specifications final rule, which is effective August 1, 2016, through December 31, 2018. Info here.
Rule announcing the South Atlantic Fishery Management Council may use a control date of June 15, 2016, if it decides to create restrictions limiting participation in the exclusive economic zone for the Federal charter vessel/headboat component of the recreational sectors of the coastal migratory pelagics fishery in the Atlantic, dolphin and wahoo fishery in the Atlantic, and snapper-grouper fishery in the South Atlantic. Details here.
Rule NMFS proposes regulations to implement measures in Amendment 16 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. Info here.
RURAL HOUSING SERVICE:
Notice RHS invites comments on this information collection for which approval from the Office of Management and Budget will be requested. Info here.
Notice on May 19, 2016, the final rule for the certified loan application packaging process for the direct single family housing loan program became effective. Details here.