JUDICIAL:

Clement v. Menard, 2018-497 (La. App. 3 Cir. 5/1/19) This appeal stems from competing claims for injunctive relief involving an irrigation canal right-of-way. The trial court rendered judgment in favor of Norris Clement, Barbara Richard, authorized agent for Norris Clement, and Gregory Paul Dore (“the Clements”), and against Brent J. Menard and Jamille Menard (“the Menards”). The trial court concluded that the Clements have the right to maintain, operate, and repair the irrigation canal and permanently restrained, enjoined, and prohibited the Menards from interfering with the Clements’ rights. The Menards appeal the judgment and, on appeal, the court reversed the trial court’s judgment, granted a permanent injunction in favor of the Menards, and remanded the case to the trial court for further proceedings as may be necessary in conformity with this ruling.

UNITED STATES OF AMERICA, Plaintiff, v. ROGER J. LAPANT, JR., et al., Defendants. Additional Party Names: Farmland Mgmt. Servs., Goose Pond AG, Inc., J&J Farms, No. 2:16-CV-01498-KJM-DB, 2019 WL 1978810 (E.D. Cal. May 3, 2019)
The United States of America, at the request of the Secretary of the Army acting through the United States Army Corps of Engineers, sues Roger J. LaPant, Jr., J&J Farms, Goose Pond AG, Inc. and Farmland Management Services for alleged violations of the Clean Water Act (“CWA”). LaPant and J&J Farms (“LaPant”) move for judgment on the pleadings, arguing the court lacks subject matter jurisdiction.The court denies the motion.
REGULATORY:
Notice: Food and Nutrition Service (FNS), USDA; In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is an extension, without change, of a currently approved collection for annual outcome data for the Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) programs, as mandated by Section 16(h)(5) of the Food and Nutrition Act (FNA) and as amended by section 4022 of the Agricultural Act of 2014. Info HERE
Withdrawal of notice of intent to prepare an Environmental Impact Statement: Forest Service, USDA; The Klamath National Forest is withdrawing its Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Pumice Vegetation Management Project. The original NOI was published in the Federal Registeron November 9, 2011. No significant issues were identified during this scoping period or any other opportunity to comment. Upon further evaluation, no potential significant impacts to the human environment are associated with the project. As a result, the Forest is withdrawing its intent to prepare an EIS and is now preparing an Environmental Assessment (EA). All comments previously received regarding this project will be retained and considered in the development of the EA. If it is determined that the project may have significant impacts, the EIS process will be reinitiated and a NOI will be published. Info HERE
Notice and request for comments: Rural Utilities Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Rural Utilities Service (RUS) invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested. Info HERE
Interim rule: Natural Resources Conservation Service and the Commodity Credit Corporation, United States Department of Agriculture; The Agricultural Improvement Act of 2018 (the 2018 Farm Bill) made several minor changes to certain of the Natural Resources Conservation Service (NRCS) conservation programs and related requirements. The conservation programs and related requirements include the administration of the State Technical Committee, the Watershed Protection and Flood Prevention Act Program, the Healthy Forests Reserve Program (HFRP), the Technical Service Provider (TSP) Assistance provisions, and the Voluntary Public Access and Habitat Incentive Program (VPA-HIP). This rule makes changes to the existing regulations for the conservation programs that are consistent with the changes made by the 2018 Farm Bill. Info HERE
Notice; request for comment: Federal Crop Insurance Corporation, USDA; In accordance with the Paperwork Reduction Act (PRA) of 1995, the Federal Crop Insurance Corporation (FCIC) is requesting comments from all interested individuals and organizations on an extension and revision of a currently approved information collection request associated with the Multiple Peril Crop Insurance. The information collection is necessary for producers to submit for their participation in the Federal crop insurance program. Info HERE
Interim rule: Natural Resources Conservation Service and the Commodity Credit Corporation, United States Department of Agriculture; The Agricultural Improvement Act of 2018 (the 2018 Farm Bill) made several minor changes to certain of the Natural Resources Conservation Service (NRCS) conservation programs and related requirements. The conservation programs and related requirements include the administration of the State Technical Committee, the Watershed Protection and Flood Prevention Act Program, the Healthy Forests Reserve Program (HFRP), the Technical Service Provider (TSP) Assistance provisions, and the Voluntary Public Access and Habitat Incentive Program (VPA-HIP). This rule makes changes to the existing regulations for the conservation programs that are consistent with the changes made by the 2018 Farm Bill. Info HERE
Proposed rule: Agricultural Marketing Service, USDA; The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the U.S. Standards for Grades of Apples by removing smooth net-like russeting as a grade-determining factor in the U.S. Extra Fancy, U.S. Fancy, and U.S. No. 1 grades for Fuji apples. In addition, AMS proposes to remove obsolete references to the location where color standards may be examined and purchased. The changes will modernize the standards and meet growing consumer demand by providing greater marketing flexibility. Info HERE
Final rule: Agricultural Marketing Service, USDA; This final rule implements a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and allotment percentages of Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, Oregon, and designated parts of Nevada and Utah (the Far West) for the 2019-2020 marketing year. This rule also removes references to past volume regulation no longer in effect. Info HERE
Notice: Environmental Protection Agency (EPA); This document announces the availability of EPA’s Proposed Interim Registration Review Decision for glyphosate and opens a 60-day public comment period on the proposed decision. Info HERE
Notice: Environmental Protection Agency (EPA); EPA is seeking public comment on a September 27, 2018 petition from the Environmental Working Group (EWG), Ben & Jerry’s Homemade, Inc., Happy Family Organics, MegaFood, MOM’s Organic Market, National Co+op Grocers, Nature’s Path Foods Inc., One Degree Organic Foods USA, Inc., and Stonyfield Farms, Inc. requesting that the agency reduce the tolerance of the pesticide glyphosate in or on oats and require glyphosate-containing product labels to explicitly prohibit preharvest use on oats. The petitioners have submitted this petition under the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Administrative Procedure Act (APA) and as comments for consideration during the registration review of glyphosate under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Info HERE
Notice: Environmental Protection Agency (EPA); The Environmental Protection Agency is planning to submit an information collection request (ICR), “Pesticide Registration Application, Notification and Report for Pesticide-Producing Establishments” (EPA ICR No. 0160.12, OMB Control No. 2070-0078) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This ICR is scheduled to expire on January 31, 2020. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Info HERE
Notice of meeting: Forest Service, USDA; The Southeast Washington Resource Advisory Committee (RAC) will meet in Pomeroy, Washington. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. Info HERE
Notice of meeting: Forest Service, USDA: The Plumas County Resource Advisory Committee (RAC) will meet in Quincy, California. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. Info HERE
Notice of meeting: Forest Service, USDA; The Black Hills National Forest Advisory Board (Board) will meet in Rapid City, South Dakota. The Board is established consistent with the Federal Advisory Committee Act of 1972, the Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, and the Federal Public Lands Recreation Enhancement Act.  Info HERE
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