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

JUDICIAL: FCIC

In GREGORY ACKERMAN, et al., Plaintiffs, & ACKERMAN BROTHERS FARMS, LLC, et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants-Appellees., No. 22-1056, 2022 WL 2965613 (6th Cir. July 20, 2022), certain Plaintiffs—farmers and farming concerns who purchased crop insurance—appealed from the district court’s judgment remanding this case to the Federal Crop Insurance Corporation (“FCIC”). Defendants FCIC, the United States Department of Agriculture, and Risk Management Agency moved to dismiss the appeal as from an unappealable, non-final order. The district court’s remand directs the FCIC to treat the Michigan policy as a new submission but leaves the rest up to the agency. The agency therefore retained its discretion to apply the same standards it applies to any new submission. Likewise, the appellants in this case were private entities who can seek review of the outcome of the FCIC’s action. This case did not implicate the exception to the general rule that an order remanding for further administrative proceedings is not a final appealable order. The court granted the motion to dismiss.

REGULATORY: EPA, NOAA

ENVIRONMENTAL PROTECTION AGENCY

Final rule establishing tolerances for residues of isofetamid in or on multiple commodities discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice is hereby given that Kate Mansfield, Ph.D., University of Central Florida, has applied in due form for a permit to take green (Chelonia mydas), hawksbill (Eretmochelys imbricata), Kemp’s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), and loggerhead (Caretta caretta) sea turtles for purposes of scientific research. Info here.