A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes ESA, water law, PACA, and NEPA issues.
In ALLIANCE FOR THE WILD ROCKIES, Plaintiff-Appellant, v. DANIEL ASHE, Director of US Fish and Wildlife Service; TOM TIDWELL, Regional Forester, Chief of the US Forest Service; FAYE KRUEGER, Regional Forester for the Northern Region of the United States Forest Service; PAUL BRADFORD, Supervisor of the Kootenai National Forest; UNITED STATES FOREST SERVICE, an agency of the US Department of Agriculture; U.S. FISH & WILDLIFE SERVICE, an agency of the US Department of the Interior, Defendants-Appellees, No. 14-35936, 2017 WL 1404712 (9th Cir. APRIL 20, 2017), plaintiff appealed grant of summary judgment for defendants after suing them alleging the agencies’ approval of a project impacting grizzly bears violated the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA). Court found the agencies “independently considered impacts from non road-related activities including post-and-pole logging, logging activities outside of the recovery zone, helicopter use and oversized clearcuts,” and concluded they complied with the ESA, NEPA and the APA. Summary judgment for defendants affirmed.
Havasupai TRIBE, Plaintiff, v. ANASAZI WATER COMPANY LLC, et al., Defendants, No. CV-16-08290-PCT-GMS, 2017 WL 1384297 (D. Ariz. April 18, 2017), involved plaintiffs’ long-time use of a creek for drinking water and irrigation and allege defendants’ drilling into an aquifer has impacted their “rightful access to its water by lowering the amount of water that eventually flows into the [creek].” They sued for trespass and declaratory relief. Defendants moved to dismiss “based on the absence of indispensable parties as well as [plaintiffs’] asserted failure to state a claim.” Court reasoned that “it is not clear that the United States would share the Tribe’s viewpoint as to the exclusive ownership of such a massive aquifer, and there appears to be a waiver of sovereign immunity sufficient to decide such rights.” Defendants’ motion to dismiss granted.
CIRCUS FRUITS WHOLESALE CORP., Plaintiff, v. FARMER JOEN PRODUCE CORP. and JU GIL JOEN, Defendants, No. 17-1812, 2017 WL 1397950 (D.N.J. April 18, 2017) involved a Perishable Agricultural Commodities Act suit wherein plaintiff sought a preliminary injunction claiming a “likelihood that the PACA trust funds will be further dissipated if this relief is not put in place.” Court determined that “the four elements required for a preliminary injunction are satisfied” and granted plaintiff’s motion.
OUR MONEY OUR TRANSIT and ROBERT MACHERIONE, Plaintiffs-Appellants, v. FEDERAL TRANSIT ADMINISTRATION; et al., Defendants-Appellees, LANE TRANSIT DISTRICT, Intervenor-Defendant-Appellee, No. 14-35766, 2017 WL 1420268 (9th Cir. April 21, 2017) involved a bus rapid transit expansion project wherein plaintiff alleged defendants failed to comply with National Environmental Policy Act (NEPA) requirements. Plaintiffs claimed defendants failed to explain why traffic congestion, cutting down trees, and relocating utilities “will not so significantly affect the environment as to warrant a full Environmental Impact Statement.” Court affirmed lower court decision in favor of defendants reasoning that, “[A]n agency does not violate NEPA by refusing to discuss alternatives already rejected in prior state studies.”
REGULATORY: Includes USDA, APHIS, FDA, and NOAA rules and notices.
AGRICULTURE DEPARTMENT:
Notice the Office of the Assistant Secretary for Civil Rights will request a renewal to a currently approved information collection for race, ethnicity, and gender along with comments. Info here.
Notice USDA will submit information collection requirement(s) to OMB for review. Title: Vegetable and Specialty Crops. Info here.
Notice USDA will submit information collection requirement(s) to OMB for review. Title: Census of Users of the National Plant Germplasm System. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Notice APHIS will request a revision to and extension of approval of an information collection associated with the regulations for the importation of fresh pomegranates from Chile into the continental United States. Info here.
Notice APHIS will request the reinstatement of an information collection associated with the National Animal Health Reporting System. Info here.
Notice APHIS will request a revision to and extension of approval of an information collection associated with the regulations for the interstate movement of regulated articles to prevent the spread of Phytophthora ramorum. Details here.
FOOD AND DRUG ADMINISTRATION:
Notice FDA announces a proposed collection of information was submitted to OMB for review regarding information from United States firms and processors exporting to the European Union. Info here.
Notice FDA announces availability of a new draft guidance for industry on generic naloxone hydrochloride nasal spray entitled “Draft Guidance on Naloxone Hydrochloride.” Details here.
Notice FDA announces a forthcoming public advisory committee meeting of the Science Board to the FDA. Details here.
Notice FDA announces a forthcoming public advisory committee meeting of the Vaccines and Related Biological Products Advisory Committee. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS proposes to approve and implement measures that would manage forage species within Mid-Atlantic Federal waters. Details here.
Notice Department of Commerce will submit to OMB for clearance a proposal for collection of information. Title: Atlantic Highly Migratory Species Voluntary Release Reports. Details here.