A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

JUDICIAL: Labor, Environmental

In JAMES SADLER, Plaintiff, v. TYSON FOODS, INC., Defendant, No. 1:22-CV-2203-STA-JAY, 2022 WL 1721058 (W.D. Tenn. May 27, 2022), the court considered whether the plaintiff plausibly alleged a claim under Tennessee law protecting employees who object to COVID-19 vaccinations and a claim for retaliatory discharge. Defendants moved to dismiss all claims. The court found that plaintiff did not present any evidence of an objection to vaccination and therefore did not have a claim under Tennessee law. However, the court did find that plaintiff did plausibly allege multiple circumstances that suggested retaliatory actions. The court dismissed the Tennessee law claim but denied defendant’s motion to dismiss the retaliatory discharge claim.

In RICARDO ORDONEZ GREGORIO, et al., v. COLT JAMISON HANSEN, an individual WESTCOAST GROWERS, LLC, TOPSHELF HEMP, LLC, FIRE HEMP, LLC, Defendants., No. 1:21-CV-01078-CL, 2022 WL 1721246 (D. Or. May 10, 2022), the court granted the plaintiffs’ motion for default judgment against defendants because they failed to appear or otherwise defend the action. Plaintiffs, seasonal agricultural workers, alleged that defendants violated the Migrant and Seasonal Agricultural Worker Protection Act, Oregon Camp Operator Registration Act, Oregon Contractor Registration Act, and the Oregon wage statutes. The court held that default judgment should be granted in favor of the plaintiffs and that the requested relief would be determined after they submitted evidence of their damages.

In CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, & WILDEARTH GUARDIANS, et al., Consol. Plaintiffs, v. DEBRA HAALAND, et al., Fed. Defendants, STATE OF IDAHO, by & through the Off. of Species Conservation & the Idaho Fish & Game Comm’n, Defendant-Intervenor., No. CV 20-181-M-DWM, 2022 WL 1686908 (D. Mont. May 26, 2022), the plaintiffs challenged the Fish and Wildlife Services (FWS) decision to withdraw their 2013 proposed rule because FWS determined that the lower-48 wolverine population did not qualify as a distinct population segment. The court found that there were serious deficiencies with the decision to withdraw the rule. The court also found that FWS failed to show that vacating the withdrawal would cause disruptive consequences that outweigh the benefits. The court held that FWS’s motion for voluntary remand was granted but vacated the withdrawal of the rule.

LEGISLATIVE: Includes Vermont

VERMONT

S 188 relates to regulating licensed small cannabis cultivation as farming. Info here.

REGULATORY: AMS, NOAA

AGRICULTURAL MARKETING SERVICE

Proposed rule to revise the U.S. Standards for Grades of Pecans in the Shell and the U.S. Standards for Grades of Shelled Pecans by replacing the current grades with U.S. Extra Fancy, U.S. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Proposed rule announcing that NOAA/NMFS has received a request from the U.S. Navy for revision of the existing regulations and Letters of Authorization to take of marine mammals incidental to Navy training and testing activities conducted in the Hawaii-Southern California Training and Testing Study Area. Info here.

Notice announcing that NOAA/NMFS has issued a permit pursuant to Section 10 of the Endangered Species Act for the implementation of the Rescue and Rearing Management Plan by the United Anglers of Casa Grande. Info here.

Notice announcing that NMFS received an application from NOAA/NMFS’ California Coastal Office in Santa Rosa, California for an U.S. Endangered Species Act Section 10(a)(1)(A) scientific enhancement permit. Info here.

Notice announcing that NOAA/NMFS intends to prepare a programmatic environmental impact statement to evaluate alternatives for identifying Aquaculture Opportunity Areas in Federal waters of the Gulf of Mexico. Info here.