A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
ANNOUNCEMENT: Join us TODAY at 12 noon (ET) for a free webinar: CWA, 404 & WOTUS: Navigating Wetlands Issues in Agriculture. Details and sign-in information here.
JUDICIAL: Includes zoning, NEPA and CWA issues.
Dellinger v. Lincoln Cty., No. COA15-1370, 2016 WL 3894687 (N.C. Ct. App. July 19, 2016) concerned a conditional use permit for the installation and operation of a solar energy facility. Property at issue was zoned for residential-single family use and defendant appealed decision denying a permit. Upon review, appellate court approved defendant’s conditional use permit, concluding, “When an applicant for a conditional use permit produces competent, material, and substantial evidence of compliance with all ordinance requirements, the applicant has made a prima facie showing of entitlement to a permit.” A copy of the opinion is available here.
SABRA SANZOTTA, ET AL., Plaintiffs, v. CITY OF ANN ARBOR, ET AL., Defendants., No. 16-10007, 2016 WL 3878260 (E.D. Mich. July 18, 2016) concerned a lawsuit by a group objecting to a deer cull last winter resulting in sharpshooters killing 63 deer in Ann Arbor parks and nature areas. Plaintiffs sued officials of the USDA, the State of Michigan, and the City of Ann Arbor after the Michigan Department of Natural Resources issued the City a permit authorizing the deer cull. The court concluded plaintiffs “failed to state any claim for violation of federal law upon which relief could be granted” and found the plaintiffs failed to plead facts “raising a reasonable inference that the USDA failed to evaluate its participation in the deer cull as mandated by the National Environmental Policy Act (NEPA).” A copy of the opinion is available here.
Nat. Res. Def. Council v. McCarthy, No. 16-CV-02184-JST, 2016 WL 3880702 (N.D. Cal. July 18, 2016) involved revisions to water quality standards adopted by the California State Water Resources Control Board. Plaintiffs allege the EPA violated the Clean Water Act by “failing to review the revisions to a state’s water quality standards.” San Luis & Delta-Mendota Water Authority and Westlands Water District moved to intervene as a matter of right contending that the state water board did not change water quality plan standards, as plaintiffs allege, but only “temporarily modified water rights conditions in response to an urgent need.” Court considered four-prong analysis of Federal Rule of Civil Procedure 24(a)(2), providing for intervention as a matter of right, and determined proposed intervenors met the requirements and granted their motion.
In Idaho Conservation League v. U.S. Forest Serv., No. 1:16-CV-0025-EJL, 2016 WL 3814021 (D. Idaho July 11, 2016), plaintiff challenged approval of a mining exploration project in Idaho, alleging the U.S. Forest Service violated the National Environmental Policy Act (NEPA) by failing to “1) take the requisite ‘hard look’ and 2) prepare an environmental impact statement.” Court found the Forest Service “failed to re-evaluate baseline data” and that its evaluation method was “arbitrary and capricious.” Court granted plaintiffs’ motion for summary judgment on its NEPA violation claim.
REGULATORY: Includes AMS, ARS, APHIS, EPA and FS rules and notices.
AGRICULTURAL MARKETING SERVICE: Rule that on February 23, 2016, a document was published in the Federal Register (81 FR 8822) directing that a referendum be conducted in August 2016 among eligible domestic manufacturers and importers of softwood lumber to determine whether they favor continuance of the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order. The document is withdrawn. Info here.
AGRICULTURAL RESEARCH SERVICE: Notice that ARS will grant to Oregon State University an exclusive license to the variety of red raspberry described in U.S. Plant Patent Application Serial No. 14/999,027, “RED RASPBERRY PLANT NAMED `KOKANEE’,” filed March 22, 2016. Info here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Rule In a final rule published in the Federal Register on July 10, 2015, and effective on September 8, 2015, we amended the Virus-Serum- Toxin Act regulations to provide for the use of a simpler labeling format that would better communicate product performance to the user. Info here.
Rule proposing to amend regulations setting out our National Environmental Policy Act implementing procedures. Details here.
ENVIRONMENTAL PROTECTION AGENCY: Rule establishing an exemption from the requirement of a tolerance for residues of 2-propenoic acid, butyl ester, polymer with ethenyl acetate and sodium ethenesulfonate (CAS Reg. No. 66573-43- 1) when used as an inert ingredient in a pesticide chemical formulation. Details here.
FOREST SERVICE: Notice the Delta-Bienville Resource Advisory Committee will meet in Forest, Mississippi. Info here.