A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Water Law, Landowner Liability
In Allen v. Env’t Restoration, LLC, 32 F.4th 1239 (10th Cir. 2022), farmers and livestock raisers brought action against contractor for Environmental Protection Agency (EPA) alleging negligence claims arising from the release of contaminated water. The farmers and livestock raisers brought state law claims of negligence and the EPA contractor argued that the plaintiffs failed to bring the complaint within Colorado’s two-year statute of limitations. The district court found that New Mexico’s statute of limitations applied and the defendant’s appealed. The Court of Appeals found using New Mexico’s statute of limitations would be inconsistent with the Clean Water Act (CWA). The court concluded that the CWA and the Supreme Court’s interpretation of the CWA require a district court to apply the point source state’s statute of limitations to state law claims preserved under the CWA. This means that the court should have applied Colorado’s statute of limitations. The court reversed and remanded the case to the district court.
In Lavan v. Cannon Farms, Inc., No. A22A0572, 2022 WL 1656785 (Ga. Ct. App. May 25, 2022), Lavan filed a negligence claim against Cannon Farms alleging that they had been negligent in causing Lavan’s car crashing into a cow in the road. The trial court granted Cannon Farms motion for summary judgment. The court of appeals reversed because the record showed genuine issues of material facts.
REGULATORY: APHIS, EPA, FNS, NOAA
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
Notice announcing that the U.S. Department of Agriculture will be holding a public meeting to share what the Department has learned in furthering scientific knowledge on antimicrobial resistance (AMR) in the last decade with a look to the future. The meeting will be open to the public via Zoom and teleconference. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Final rule withdrawing the direct final rule for Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for the States of Arizona and California published on March 31, 2022. The EPA will take a final action on the proposed action in a separate subsequent final rulemaking. Info here.
FOOD AND NUTRITION SERVICE
Notice 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 a revision of a currently approved collection of information relating to the reporting and recordkeeping burden associated with the Senior Farmers’ Market Nutrition Program (SFMNP). Info here.
NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION
Final rule adjusting the General category daily retention limit from one large medium or giant Atlantic bluefin tuna (BFT) to three large medium or giant BFT. This daily retention limit applies to Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. Info here.