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 FOIA, procedural, evidence, SNAP, and CWA issues.
Carter v. United States Dep’t of Agric., No. 1:16-CV-1050, 2016 WL 5745123 (W.D. Ark. Sept. 30, 2016) concerned Freedom of Information Act (FOIA) requests submitted by plaintiff to USDA. Court analyzed three FOIA requests and considered whether plaintiff “exhausted his administrative remedies for each.” Court found USDA did not respond within the 20-day time limit required by statute regarding one of plaintiff’s requests, but ruled for USDA on two remaining FOIA requests.
In Bulson v. Helmold, No. 16 C 50045, 2016 WL 5914199 (N.D. Ill. Oct. 11, 2016), plaintiff claimed defendant cut down trees and shrubs on plaintiff’s property without permission acting as agent of other defendants. Plaintiff is a citizen of New York and land at issue is in Illinois. Defendant moved to dismiss for lack of diversity jurisdiction and failure to state claim. Court considered replacement value of the trees and the “stumpage value” in ruling that plaintiff did not inflate his damages and met $75,000 threshold for diversity jurisdiction.
In In re Fuad Ndibalema SNF Freshstart, LLC d/b/a Samosaman Nat. Foods, No. 2016-049, 2016 WL 5921035 (Vt. Oct. 7, 2016), plaintiff appealed Vermont Board of Health’s decision to suspend his food stand license. The agency filed notice of intent to revoke plaintiff’s food stand because he produced food from an “unapproved source” and failed to provide timely inventory of food he processed. Appellate court rejected plaintiff’s challenge to Board’s consideration of hearsay testimony and noted that Vermont “recognizes the need of agencies to consider any evidence which may illuminate the case.” Ruling for Board affirmed.
Duchimaza v. United States, No. 3:14-CV-00887 (MPS), 2016 WL 5799295 (D. Conn. Sept. 30, 2016) involved decision by USDA that plaintiff’s grocery market engaged in “trafficking” of Supplemental Nutrition Assistance Program (SNAP) benefits. Plaintiff was permanently disqualified from participating in SNAP and sued to reverse disqualification. Court observed that plaintiffs “bear the burden of proving by a preponderance of the evidence that the agency’s determination that they engaged in trafficking is ‘invalid.’” Plaintiff contested validity of basing disqualification decisions on a “computer generated printout of statistics.” Court ruled the “Government may permanently disqualify a retailer on the basis of EBT data.” Defendant’s motion for summary judgment granted.
United States v. Giles, No. 316CR0004GFVTREW, 2016 WL 5867421 (E.D. Ky. Oct. 6, 2016) involved a septic tank driver (defendant) charged with discharging raw sewage into a creek. He was found guilty of “knowingly discharging a pollutant into a water of the United States from a point source,” in violation of the Clean Water Act (CWA). Defendant appealed claiming Government presented insufficient evidence at trial. Court found that Government showed that the substance dumped into the creek was a “pollutant” and that the creek in question “was a navigable waterway or a stream or tributary that flowed directly or indirectly into a navigable waterway.” Defendant’s motion denied.
REGULATORY: Includes FWS, FSIS, and NOAA rules and notices.
FISH AND WILDLIFE SERVICE: Notice FWS announces availability of a Final Comprehensive Conservation Plan and Finding of No Significant Impact for the Guadalupe-Nipomo Dunes National Wildlife Refuge. Details here.
FOOD SAFETY AND INSPECTION SERVICE: Notice USDA has submitted information collection requirement(s) to OMB for review. Title: Industry Response to Noncompliance Records. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMININSTRATION:
Rule NMFS issues regulations to 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.
Rule NMFS will develop regulations in support of an Interstate Fishery Management Plan for Jonah crab. Info here.
Notice NOAA’s National Marine Fisheries Service announces the adoption of the Final Endangered Species Act Coastal Multispecies Recovery Plan for the California Coastal Chinook salmon Evolutionarily Significant Unit, Northern California steelhead Distinct Population Segment, and Central California Coast steelhead DPS. Info here.