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 SNAP, EPA, water, and business organization issues.
In United States of Am. Plaintiff – Appellee v. Jamal Mohamud Aden Defendant – Appellant, No. 15-2950, 2016 WL 4056061 (8th Cir. July 29, 2016), defendant was charged with trafficking Supplemental Nutrition and Assistance Program (SNAP) benefits for cash and challenged district court’s finding of a loss amount of $194,869. Appellate court reasoned that “comparative statistical analysis is reasonable” and an acceptable method in determining proof of loss in SNAP cases. Judgment for USDA affirmed.
In UNITED STATES SUGAR CORPORATION, PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT AMERICAN CHEMISTRY COUNCIL, ET AL., INTERVENORS AMERICAN FOREST & PAPER ASSOCIATION, ET AL., PETITIONERS v. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT AMERICAN CHEMISTRY COUNCIL, ET AL., INTERVENORS AMERICAN CHEMISTRY COUNCIL, PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT AMERICAN FOREST & PAPER ASSOCIATION, ET AL., INTERVENORS, No. 11-1108, 2016 WL 4056404 (D.C. Cir. July 29, 2016), the court considered thirty challenges to three EPA regulations: (1) the “Major Boilers Rule,” (2) the “Area Boilers Rule,” and (3) the “Commercial/Industrial Solid Waste Incinerators (CISWI) Rule. These rules “set emissions limits on certain combustion machinery known to release hazardous air pollutants (HAPs).” Plaintiffs contend EPA misinterpreted the Clean Air Act and acted arbitrarily. Court vacated the Maximum Achievable Control Technology (MACT) standards “for all major boiler subcategories that would have been affected had the EPA considered all sources” and also remanded to the EPA to establish a number of standards for the regulations at issue.
In Kelly v. Teton Prairie LLC, 2016 MT 179, plaintiff claimed defendant interfered with his water rights and court considered the Prior Appropriation Doctrine and the defense of Futile Call Doctrine. The court found that the district court correctly applied the Prior Appropriation Doctrine when it found defendant “improperly ignored a call for water by senior appropriators” (plaintiffs). Defendant raised the Futile Call Doctrine as an affirmative defense, but was unable to show, as required by the Doctrine, that “no useable water would reach Appellees’ points of diversion.” Lower court decision for plaintiff affirmed.
In Gill v. Vorhes, No. 15-0785, 2016 WL 4051643 (Iowa Ct. App. July 27, 2016), defendant appealed an award of attorney fees to plaintiff in a shareholder derivative suit, contending that the trial court “lacked authority to include an award of attorney fees and lacked a necessary factual basis for the fees awarded.” Appellate court concluded Iowa legislature granted the court authority to award reasonable attorney fees “if it finds that the proceeding has resulted in a substantial benefit to the corporation.” Attorney fees award affirmed for plaintiff.
REGULATORY: Includes AMS, FSIS, FS and NMFS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule implementing recommendation from Peanut Standards Board to revise minimum quality and handling standards for domestic and imported peanuts marketed in the United States. Info here.
Rule implementing a recommendation from the Colorado Potato Administrative Committee, Area No. 2 to revise grade requirement currently prescribed for 1\1/2\-inch minimum to 2\1/4\-inch maximum diameter (Size B) potatoes under the Colorado potato marketing order. Details here.
Notice AMS announces a meeting of the National Organic Standards Board to assist USDA in development of standards for substances used in organic production and to advise on aspects of the implementation of Organic Foods Production Act. Details here.
FOOD SAFETY AND INSPECTION SERVICE: Notice FSIS submitted information collection requirement(s) to OMB for review and clearance. Title: Import of Undenatured Inedible Product. Info here.
FOREST SERVICE: Notice National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule Committee will meet in Washington, DC. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS issues final rule to list three foreign marine angelshark species under the Endangered Species Act. Info here.
Rule NMFS issues regulations under the Tuna Conventions Act to implement Resolution C-15-04 of the Inter-American Tropical Tuna Commission. Info here.
Rule NMFS prohibits directed fishing for dusky rockfish in the West Yakutat District of the Gulf of Alaska. Info here.
Rule NMFS prohibits directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska. Info here.
Rule NMFS proposes regulations to implement Amendment 113 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Info here.
Rule NMFS issues a proposed rule that would modify the recordkeeping and reporting requirements for the groundfish fisheries in the Gulf of Alaska and the Bering Sea/Aleutian Islands management areas. Info here.
Notice NMFS have completed a comprehensive status review under the Endangered Species Act for porbeagle shark and determined they do not warrant listing at this time. Details here.