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 issues.
STAND UP FOR CALIFORNIA!, et al., Plaintiffs, v. U.S. DEPARTMENT OF THE INTERIOR, et al., Defendants, v. NORTH FORK RANCHERIA OF MONO INDIANS, Intervenor-Defendant., No. CV 12-2039 (BAH), 2016 WL 4621065 (D.D.C. Sept. 6, 2016) concerned construction of a proposed casino. Defendants, a federally-recognized American Indian tribe, want to construct a casino-resort complex on a 305-acre parcel of land located in Madera County, California. Plaintiffs, residents of Madera County opposed to the casino’s construction, initiated state and federal litigation and political pressure over the last seven years. Here, plaintiffs challenged numerous federal decisions, including the Interior Department’s 2011 approval of defendant’s proposal to “conduct gaming operations” at the Madera County site. Citing the “historical record,” including an 1851 treaty, the court rejected plaintiffs’ argument that defendants lacked any “historical connection” to the land. The court also upheld the Interior Department’s conclusion that any “negative impacts” from casino construction “would not be, overall, detrimental to the surrounding community.” Plaintiffs’ motion for summary judgment denied. (A copy of the North Fork Casino Environmental Impact Statement is available here).
In Karr v. Virginia Dep’t of Envtl. Quality, 66 Va. App. 507, 789 S.E.2d 121 (2016), plaintiffs appealed circuit court decision upholding permits issued by Virginia Department of Environmental Quality (DEQ). Plaintiffs argued circuit court erred in finding “wildlife” to be an ambiguous term and in granting DEQ’s interpretation of “wildlife” special weight. Appellate court ruled DEQ had authority to determine what constitutes “significant adverse impact to wildlife.” Court also found circuit court did not err in ruling DEQ “used its discretion appropriately and reasonably in its interpretation of the term ‘wildlife,’” and in its determination of the “appropriate triggers for the creation of mitigation plans.” Judgment for defendant affirmed.
LEGISLATIVE:
S. 1777: A bill to amend the Wild and Scenic Rivers Act to authorize the Secretary of Agriculture to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho, and for other purposes. This bill’s text for status Reported by Senate Committee is now available.
S. 2018: A bill to convey, without consideration, the reversionary interests of the United States in and to certain non-Federal land in Glennallen, Alaska. This bill’s text for status Reported by Senate Committee is now available.
S. 2848: Water Resources Development Act of 2016. This bill was added to the Senate’s floor schedule for the next legislative day. Last Action: The committees assigned to this bill sent it to the House or Senate as a whole for consideration on April 28, 2016.
H.R. 3342: To provide for stability of title to certain lands in the State of Louisiana, and for other purposes. This bill’s text for status Reported by House Committee is now available.
H.R. 3881: Cooperative Management of Mineral Rights Act of 2015. Passed 395/3.
H.R. 4245: To exempt importation and exportation of sea urchins and sea cucumbers from licensing requirements under the Endangered Species Act of 1973. This bill’s text for status Reported by House Committee is now available.
H.R. 4576: Ensuring Access to Pacific Fisheries Act. This bill’s text for status Reported by House Committee is now available.
H.R. 5577: Innovation in Offshore Leasing Act. This bill’s text for status Reported by House Committee is now available.
MEETING: Senate Committee on Agriculture, Nutrition, and Forestry. Business meeting to consider H.R.2647, to expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on tribal lands to return resilience to overgrown, fire-prone forested lands. September 13 at 10 a.m. Location: SR-328A.
MEETING: House Committee on Agriculture: Subcommittee on Nutrition. Past, Present, and Future of SNAP: Improving Innovation and Success in Employment and Training Programs. September 13 at 10 a.m. Location: LHOB 1300.
REGULATORY: Includes EPA, FNS, FS, BIS, ITA, and NOAA rules and notices.
ENVIRONMENTAL PROTECTION AGENCY: Rule EPA is proposing to approve revisions to the State Implementation Plan for the State of Missouri related to open burning. Details here.
FOOD AND NUTRITION SERVICE: Notice seeking comment on a proposed information collection to conduct the Third National Survey of WIC Participants. Details here.
FOREST SERVICE: Notice the Prince William Sound Resource Advisory Committee (RAC) will meet in Cordova, Alaska. Info here.
INDUSTRY AND SECURITY BUREAU: Notice BIS seeks comment on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. Info here.
INTERNATIONAL TRADE ADMINISTRATION:
Notice Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from China. Info here.
Notice On March 9, 2016, the Department of Commerce published the preliminary results of the 2014-2015 administrative review of the antidumping duty order on certain preserved mushrooms from India. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS issues a final determination to revise the listing status of the humpback whale under the Endangered Species Act. Info here.
Rule NMFS issues regulations under the Marine Mammal Protection Act to prevent take by protecting humpback whales from the detrimental effects resulting from approach by humans within 200 nautical miles of the islands of Hawaii. Info here.
Notice The Western Pacific Fishery Management Council (Council) will hold a meeting of its American Samoa Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) and Hawaii Archipelago FEP AP to discuss and make recommendations on fishery management issues in the Western Pacific Region. Info here.
Notice NMFS announces the availability of a Draft Environmental Assessment for Amendment 10 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan. Details here.