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

JUDICIAL: Includes FLSA, condemnation, ESA and LUBA issues.

In Morales v. 22nd Dist. Agric. Ass’n, No. D067247, 2016 WL 3774179 (Cal. Ct. App. July 13, 2016), plaintiffs filed class action alleging nonpayment of overtime under the Fair Labor Standards Act (FLSA) by defendant, operators of fairgrounds and a horse park. Defendant also leased fairground property to a golf center and a satellite wagering facility. FLSA requires an employer pay overtime wages to employees “unless those employees are classified as exempt.” Under the amusement exemption, the business must qualify as an “amusement or recreational establishment” and must satisfy either the “duration test or the receipts test.” Appellate court affirmed ruling that defendant proved the amusement or recreational exemption as an affirmative defense.

In PROPERTY RESERVE, INC., Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent; Department of Water Resources, Real Party in Interest. Carolyn A. Nichols, as Trustee, etc. et al., Petitioners, v. The Superior Court of San Joaquin County, Respondent; Department of Water Resources, Real Party in Interest Department of Water Resources Cases. No. S217738, 2016 WL 3924221 (July 21, 2016), California Department of Water Resources considered feasibility of constructing a new tunnel in the Sacramento–San Joaquin Delta and sought to conduct environmental testing on private land that the state might later acquire through eminent domain. Court of Appeals held that in order to conduct such activities, the Department was required to condemn a temporary easement through a “classic condemnation action.” Department appealed and Supreme Court reversed, concluding precondemnation entry and testing statutes “require a public entity, before undertaking such entry and testing, to seek and obtain a court order specifically authorizing the activities that are to be conducted on the property” and also, permit the property owner to obtain damages in the same proceeding for any actual damage . . . caused by the public entity’s entry and testing activities.”

ALLIANCE FOR THE WILD ROCKIES, Plaintiff, v. CHRISTOPHER SAVAGE, Kootenai National Forest Supervisor, FAYE KRUEGER, Regional Forester of Region One of the U.S. Forest Service, UNITED STATES FOREST SERVICES, an agency of the U.S. Department of Agriculture, and UNITED STATES FISH & WILDLIFE SERVICE, an agency of the U.S. Department of the Interior, Defendants. And KOOTENAI FOREST STAKEHOLDER COALITION, a Montana Corporation, and LINCOLN. COUNTY, a political subdivision of the State of Montana, Defendant-Intervenors. CV 15-54-M-DLC, 2016 WL 3951362 (July 19, 2016) involved an environmental project creating a number of roads and access-related activities impacting bull trout, grizzly bear and lynx. Court found defendant (Forest Service) followed and correctly applied ESA, NEPA and NFMA guidelines and granted defendant’s motion for summary judgment.

In John GILMOUR, Respondent, v. LINN COUNTY, Respondent Below, and FRIENDS OF LINN COUNTY, Goal One Coalition, Katie Kohl, Paul Harcombe, Susan Maresh, Chet Houser, Rebecca Bond, and Jessica Pankratz, Petitioners. Or. Ct. App., 2016 WL 3950895 (July 20, 2016), defendants appealed a Land Use Board of Appeals (LUBA) decision concluding that plaintiff’s activities on his property constituted “preparation” of straw and was therefore, a permitted “farm use.” County had determined plaintiff’s initial baling of straw constituted “processing,” not preparation, because of additional step of compressing the straw. County claimed this increased the straw’s value before it was resold and activity that is only permitted conditionally. LUBA discounted “processing” claim and found only preparation of the straw by plaintiff. Appellate court affirmed LUBA decision.

REGULATORY: Includes FS, NOAA, OPPM and RBCS rules and notices. 

FOREST SERVICE:

Notice the North Gifford Pinchot Resource Advisory Committee (RAC) will meet in Salkum, Washington. Info here.

Notice FS will undertake motorized travel management planning to designate roads, trails, and areas open to public motorized vehicle use on the six districts of the Pike and San Isabel National Forests. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Notice Caribbean Fishery Management Council’s Scientific and Statistical Committee (SSC) will hold a three-day meeting. Info here.

Notice Caribbean Fishery Management Council’s ABC Control Rule Group will hold a two-day meeting. Info here.

OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT: Notice USDA is publishing this notice to advise public of the availability of the FY 2015 Services Contracts Inventory. Info here.

RURAL BUSINESS-COOPERATIVE SERVICE:

Notice RBCS seeks applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program to provide guaranteed loans to fund development and retrofitting of commercial scale biorefineries. Details here.

Notice RBCS seeks applications for funds available under the Repowering Assistance Program to encourage the use of renewable biomass as a replacement fuel source for fossil fuels used to provide process heat or power in the operation of eligible biorefineries. Info here.