A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Conservation, Cooperatives
In Safari Club Int’l v. Haaland, No. 21-35030, 2022 WL 1132810 (9th Cir. Apr. 18, 2022), plaintiffs argued that the Kenai Rule, limiting certain hunting practices in the Kenai National Wildlife Refuge, violated the Alaska National Interest Lands Conservation Act (ANILCA), the National Wildlife Refuge System Improvement Act (Improvement Act), the Administrative Procedure Act (APA), and the National Environmental Policy Act (NEPA). Plaintiffs claimed that the state and not the federal government had the ultimate authority to regulate hunting on federal lands in Alaska. The district court found I favor of defendants, the Fish and Wildlife Serve (FWS). The court affirmed and held that ANILCA preserved the federal government’s plenary power over public lands in Alaska. The court also found that the Kenai Rule did not violate the Improvement Act, APA, or NEPA.
In Speaks v. U.S. Tobacco Coop., Inc., No. 20-2098, 2022 WL 1144626 (4th Cir. Apr. 19, 2022), agricultural cooperative members of U.S. Tobacco Cooperative sought dissolution of the Cooperative. Members claimed dissolution was necessary because the market forces facing the tobacco industry caused them to no longer be able to carry out their purpose. The court had to determine whether the North Carolina Business Corporation Act or the North Carolina Nonprofit Corporation Act applied to the Cooperative’s dissolution. The court found that because the Cooperative contained capital stock, the Business Corporation Act applied. The Business Corporation Act does not allow for dissolution based on a corporation’s inability to carry out its purpose. The court affirmed the district court’s dismissal of the members complaint.
LEGISLATIVE: Includes Nebraska
NEBRASKA
LB 925 adopts the Resilient Soils and Water Quality Act to initiate first steps to accelerate the use and scope of best practices for healthy soil management, protect and improve soil and water quality throughout the state, protect the public’s health and enhance agricultural production and profitability, protect the public’s health and enhance agricultural production and profitability, among other things. Info here.
LEGISLATIVE: Includes Nebraska
NEBRASKA
LB 805 changes provisions of the Black-Tailed Prairie Dog Management Act, the Nebraska Wheat Resources Act, and the Noxious Weed Control Act. Info here.
LEGISLATIVE: Includes Nebraska
NEBRASKA
LB 848 changes provisions of the Animal Health and Disease Control Act relating to catastrophic livestock mortality, adding proper disposal methods for animals. Info here.
REGULATORY: USDA
UNITED STATES DEPARTMENT OF AGRICULTURE
Notice announcing the third round of solicitation of applications for Section 514 Off-Farm Labor Housing Loans and Section 516 Off-Farm Labor Housing Grants for New Construction for fiscal year 2022. Info here.