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 environmental, patent, and SNAP issues.
SUE KARR, HAROLD H. McCALL, JAMES R. WEBB AND CAROL ANN WHITE v. VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AND DAVID K. PAYLOR, DIRECTOR, No. 1715-15-2, 2016 WL 4192005 (Va. Ct. App. Aug. 9, 2016) involved adoption of a wind energy permit by the Virginia Department of Environmental Quality (DEQ). Plaintiff appealed grant of the permit based on lower court’s declaration of the term “wildlife” as ambiguous. Appellate court considered whether the term “wildlife” is an ambiguous term and concluded that the term “wildlife” is “not difficult to comprehend or unclear and that it must be construed as to its ordinary meaning. The term ‘wildlife’ is unambiguous, and the plain language of the statute controls.” Court concluded circuit court erred in finding the term “wildlife” in the relevant statute to be ambiguous and further erred in finding that “DEQ’s interpretation was to be given special weight.”
In MONSANTO PRODUCTION SUPPLY LLC, Plaintiff, v. RICK ROSENTRETER & DOUGLAS ROSENTRETER, Defendants., No. 3:16-CV-3038, 2016 WL 4197573 (C.D. Ill. Aug. 1, 2016), Monsanto sued farmer for allegedly “using Monsanto’s proprietary seeds without authorization, interfering with Monsanto’s contractual relations, and being unjustly enriched as a result.” Court determined defendant “repeatedly misrepresented facts to the Court and to Monsanto, repeatedly failed to comply with his discovery obligations, and repeatedly disobeyed this Court’s direct discovery orders.” Per the court, defendant’s behavior “prejudiced Monsanto’s ability to prove its claims in this lawsuit.” Court entered default judgment against defendant and a temporary injunction barring him from “using any soybean seed containing Monsanto technology.”
In UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TERRY STINSON, Defendant-Appellant., No. 15-12739, 2016 WL 4204790 (11th Cir. Aug. 10, 2016), plaintiff appealed his conviction for Supplemental Nutrition Assistance Program (SNAP) benefit fraud, objecting to the district court imposing a four-level enhancement to his offense level “for being a leader in a criminal scheme that involved five or more participants.” Appellate court considered evidence that plaintiff was the owner of the stores where the fraud occurred and was the “primary instigator of the fraud.” The court also noted plaintiff “directed his employees to participate in the fraud” and that he was “integral to the planning and organization of the crime.” Plaintiff’s conviction affirmed.
REGULATORY: Includes AMS, EPA, FNS, ITA, and NOAA rules and notices.
AGRICULTURAL MARKETING SERVICE: Rule on April 2, 2001, AMS implemented the Livestock Mandatory Reporting program as required by the Livestock Mandatory Reporting Act of 1999. LMR program was reauthorized in October 2006 and September 2010. Details here.
ENVIRONMENTAL PROTECTION AGENCY:
Rule that the State of Arkansas has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act. Details here.
Rule establishing tolerances for residues of aminocyclopyrachlor in milk and livestock commodities imported into the United States. E.I. du Pont de Nemours and Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act. Info here.
Rule establishing tolerances for residues of halauxifen-methyl and its metabolite, XDE-729 acid, in multiple commodities. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act. Info here.
FOOD AND NUTRITION SERVICE: Notice USDA has submitted information collection requirements to OMB for review and clearance under the Paperwork Reduction Act of 1995. Title: Erroneous Payments in Child Care Centers Study. Info here.
INTERNATIONAL TRADE ADMINISTRATION: Notice the ITA publishes a continuation of an antidumping duty order after determinations by the Department of Commerce and ITC that revocation of the antidumping duty order on Porcelain-on-Steel Cooking Ware from China may lead to a continuation of dumping and material injury to an industry in the United States. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS proposes regulations to implement Regulatory Amendment 16 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region. Details here.
Notice Department of Commerce will submit to the Office of Management and Budget for clearance a proposal for collection of information. Title: Alaska Council Cooperative Reports. Info here.