Judicial:
PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Plaintiff, v. TRI-STATE ZOOLOGICAL PARK OF WESTERN MARYLAND, INC., et al., Defendants. Additional Party Names: Animal Park, Care & Rescue, Inc., Robert Candy, No. 1:17-CV-02148-PX, 2018 WL 5761689, D. Md. Nov. 1, 2018) Defendants own and operate a zoological park (“the Zoo”). The Zoo houses many animals, including five tigers, one lion, and two lemurs. Plaintiff filed suit under the Endangered Species Act (“ESA”), seeking, inter alia, to enjoin the Zoo from owning or possessing endangered or threatened species. Id. at 38. According to the Complaint, the animals at the Zoo live in unsanitary and unsafe conditions, are not fed sufficiently, and are not provided adequate enrichment in the Zoo habitat .
Audubon Soc’y of Greater Denver v. United States Army Corps of Engineers, No. 18-1004, 2018 WL 5782609 (10th Cir. Nov. 5, 2018) This is an Administrative Procedure Act challenge to the Army Corps of Engineers’ approval of a project to store more water in the Chatfield Reservoir in Colorado. Petitioner Audubon Society of Greater Denver sought review of the Corps’ decision, arguing that the Corps’ review and approval of the project failed to comply with the National Environmental Policy Act, 42 U.S.C. §§ 4321–4370m-12, and the Clean Water Act, 33 U.S.C. §§ 1251–1388. The district court denied the petition for review after concluding that the Corps’ decision was not arbitrary or capricious. Audubon also moved to supplement the administrative record. The district court denied the motion because it found that the administrative record sufficiently informed the Corps’ analysis. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, the court affirms.
Ctr. for Biological Diversity, et al., Plaintiffs, v. Kirstjen M. Nielsen, et al., Defendants., No. CV-17-00163-TUC-CKJ, 2018 WL 5776419, (D. Ariz. Nov. 2, 2018) In this matter, Plaintiffs allege that Defendants have violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA), and request declaratory and injunctive relief.
Specifically, Plaintiffs allege Defendants violated NEPA by failing to “further supplement its programmatic environmental impact statement for the southern border enforcement program.” Plaintiffs further allege that Defendants violated ESA by failing to “undertake and complete consultation with the U.S. Fish and Wildlife Service regarding the impacts of the southern border enforcement program on threatened or endangered species, and their designated critical habitat.”
Defendants assert that the Court lacks jurisdiction to adjudicate Plaintiffs’ ESA claim, and have moved to dismiss the alleged NEPA and ESA violations for failure to state cognizable claims under either Act. See Doc. 22 (Partial Motion to Dismiss filed pursuant to Fed.R.Civ.P. 12).
Regulatory:
Final Rule:
Ctr. for Biological Diversity, et al., Plaintiffs, v. Kirstjen M. Nielsen, et al., Defendants., No. CV-17-00163-TUC-CKJ, 2018 WL 5776419, (D. Ariz. Nov. 2, 2018); This regulation establishes revised tolerances for residues of fludioxonil in or on beet, sugar, roots at 4.0 parts per million. Syngenta Crop Protection, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info
HERE
Final rule; request for comments: Rural Utilities Service, USDA: The Rural Utilities Service (RUS), a Rural Development agency of the U.S. Department of Agriculture, is amending its regulations for electric standards and specifications in Bulletin 1728F-806 (D-806), “Specifications and Drawings for Underground Electric Distribution,” which is incorporated by reference, to digitize RUS accounting, clarify RUS requirements, update current standards and practices, and improve customer service. This bulletin contains complete specifications settings forth the RUS requirements for constructing rural underground electric distribution systems using state-of-the-art materials, equipment, and construction methods. Info
HERE
Notice; request for comment: Forest Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the information collection, Equal Opportunity Compliance Review Record.Info
HERE
Notice of the renewal for the U.S. Department of Agriculture National Advisory Committee on Meat and Poultry Inspection: Food Safety and Inspection Service, USDA; Info
HERE
Extension of time for submitting nominations: Office of Partnerships and Public Engagement, USDA; We are giving notice that U.S. Department of Agriculture (USDA) will extend the time to submit nominations and applications to serve on the Advisory Committee on Minority Farmers (the “Committee”). This will give interested persons additional time to prepare and submit applications and nomination packages which can be downloaded at the corrected link below:
https://www.ocio.usda.gov/document/ad-755. Info
Here
Extension of time for submitting nominations: Office of Partnerships and Public Engagement, USDA; We are giving notice that U.S. Department of Agriculture (USDA) will extend the time to submit nominations and applications to serve on the Advisory Committee on Beginning Farmers and Ranchers (the “Committee”). This will give interested persons additional time to prepare and submit applications and nomination packages which can be downloaded at the corrected link below: https://www.ocio.usda.gov/document/ad-755. Info HERE
Legislative:
H.R. 4419: Bureau of Reclamation and Bureau of Indian Affairs Water Project Streamlining Act: To facilitate and streamline the Bureau of Reclamation and Bureau of Indian Affairs processes for creating or expanding certain water projects, and for other purposes. Info HERE
