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

JUDICIAL: Environmental, APHIS

In Almond All. of California v. Fish & Game Comm’n, No. C093542, 2022 WL 1742458 (Cal. Ct. App. May 31, 2022), the court had to determine whether a bumble bee was considered a fish within California’s Endangered Species Act. The court found that the Fish and Game Commission acted within its authority to list an invertebrate as an endangered or threatened species. The court also held that the term of art employed by the California legislature in the definition of fish is not limited to listing only aquatic invertebrates. The court held that the Fish and Game Commission can list any invertebrate as an endangered or threatened species.

In Ranchers Cattlemen Action Legal Fund United Stockgrowers of Am. v. United States Dep’t of Agric., No. 21-8042, 2022 WL 1741845 (10th Cir. May 20, 2022), the court considered whether the Cattle Traceability Working Group (CTWG) or the Producer Traceability Council (PTC) were established by APHIS in violation of the Federal Advisory Committee Act (FACA). The court found that neither CTWG or PTC were established by APHIS for the purposes or application of FACA.

LEGISLATIVE: Includes Maryland

MARYLAND

SB 7 requires the state’s Secretary of Agriculture to classify certain invasive plants as a tier 1 or tier 2 invasive plant. Info here.

REGULATORY: EPA, FWS, NOAA

ENVIRONMENTAL PROTECTION AGENCY

Notice announcing that the National Environmental Justice Advisory Council will meet on Wednesday, June 22, and Thursday, June 23. Info here.

FISH AND WILDLIFE SERVICE

Notice announcing that FWS issued Letters of Authorization for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and the adjacent northern coast of Alaska as well as northern sea otters in Cook Inlet, Alaska, in 2021. Info here.

Notice announcing that the FWS proposes to authorize a nonlethal, incidental take by harassment of small numbers of the Southeast Alaska stock of northern sea otters between July 1, 2022, and June 30, 2023. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing that NMFS has received a petition requesting authorization to take small numbers of marine mammals incidental to construction and operation activities associated with the Sunrise Wind Offshore Wind Farm. Info here.