A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg@uark.edu

In Charter Twp. of White Lake v. Ciurlik Enterprises, No. 326514, 2016 WL 2772160 (Mich. Ct. App. May 12, 2016), the plaintiff alleged violations of a local ordinance and the Natural Resources and Environmental Protection Act, regarding a compost facility. The appellate court affirmed a ruling of summary judgment against defendant finding that defendant’s commercial composting facility was not a “farm” under the RTFA and thus, defendant was not entitled to the protection of the RTFA.

In Belork v. Latimer, No. 75A04-1503-MI-100, 2016 WL 2848375 (Ind. Ct. App. May 5, 2016), the court granted plaintiff’s petition for a rehearing regarding his claim under Indiana’s partition fence statutes.

In Haddix v. Gen. Mills, Inc., No. 2:15-CV-02625-MCE-AC, 2016 WL 2901589 (E.D. Cal. May 17, 2016), plaintiff filed a class action after defendant advertised products as “gluten free.” Subsequent FDA testing confirmed that a sample of the gluten free products had levels of gluten exceeding applicable FDA regulations. Court granted plaintiff leave to amend her complaint. A copy of the complaint is available here.

In MARQUETTE COUNTY ROAD COMMISSION, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants., No. 2:15-CV-93, 2016 WL 2892671 (W.D. Mich. May 18, 2016), plaintiff wanted to fill 25 acres of wetlands in order to construct a road and needed a permit under section 404 of the CWA. Defendants’ motion to dismiss granted after plaintiff failed to state a claim against the EPA because the EPA’s actions are not reviewable under the APA.

Drexel Chem. Co. v. Albaugh, Inc., No. 14-6340, 2016 WL 2893419 (6th Cir. May 18, 2016) involved a contract dispute between two ag-chemical distributors. The trial court stated, “much of the evidence submitted at trial does not aid the court in determining the parties’ intent.” Appellate court affirmed finding that “the parties clarified nothing on appeal.”

Blue v. Mountaire Farms, Inc., No. COA15-751, 2016 WL 2865110 (N.C. Ct. App. May 17, 2016) involved the accidental release of ammonia at a poultry processing plant leaving the plaintiff injured and his co-worker dead. Case remanded to trial court with instructions to enter summary judgment in favor of defendants on all claims asserted by plaintiff.

H.R. 5259: To direct the Secretary of the Interior to reestablish the Royalty Policy Committee in order to further a more consultative process with key Federal, State, tribal, environmental, and energy stakeholders, and for other purposes. The bill’s text is available here.

H.R. 5270: Efficient Marine Mammal Protection Act. The bill’s text is available here.

H.R. 5281: To amend the Endangered Species Act of 1973 to permit Governors of States to regulate intrastate endangered species and intrastate threatened species, and for other purposes. This bill was referred to the House Committee on Natural Resources for review. Sponsor: Rep. Blaine Luetkemeyer [R-MO3]

S. 921: Delaware River Basin Conservation Act of 2015. The committees assigned to this bill sent it to the House or Senate as a whole for consideration on May 18, 2016.

S. 2816: Diesel Emissions Reduction Act of 2016. The committees assigned to this bill sent it to the House or Senate as a whole for consideration on May 18, 2016.

S. 2947: A bill to establish requirements regarding quality dates and safety dates in food labeling, and for other purposes. This bill was referred to the Senate Committee on Health, Education, Labor, and Pensions which will consider it before sending it to the Senate floor for consideration. Sponsor: Sen. Richard Blumenthal [D-CT]

S. 2949: A bill to amend and reauthorize the Great Lakes Fish and Wildlife Restoration Act of 1990.This bill was referred to the Senate Committee on Environment and Public Works for review. Sponsor: Sen. Amy Klobuchar [D-MN]

S. 2956: An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2017, and for other purposes. This bill was referred to the Senate Committee on Appropriations. Sponsor: Sen. Jerry Moran [R-KS]

FOOD AND DRUG ADMINISTRATION: Rule announcing FDA has filed a petition to no longer provide for the food contact use of specified ortho-phthalates. Info here.

RURAL UTILITIES SERVICE: Notice inviting comments on information collection for which RUS intends to request approval from the OMB. Info here.