A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Labor
In DANIEL MONTES; MARIA DIAZ; OCTAVIANO MONTALVO, on behalf of themselves and others similarly situated, Plaintiffs, v. BEE SWEET CITRUS, INC, 120CV01162JLTEPG, 2022 WL 3448730 (E.D. Cal. Aug. 17, 2022), plaintiffs action asserted several causes of action arising from defendant’s alleged failure to pay wages, to reimburse expenses, and to comply with meal and rest break requirements. Plaintiffs were farmworkers who picked citrus crops for defendants. Defendants brought a motion to dismiss for plaintiff’s failure to comply with California notice requirements. The court held that the failure to comply with the notice requirements required the dismissal of the complaints without leave to amend.
REGULATORY: AMS, EPA, FWS, NOAA
AGRICULTURAL MARKETING SERVICE
Proposed rule withdrawing a proposed rule recommended by the Almond Board of California that would have amended administrative requirements in the California Almond Marketing Order’s roadside stand exemption, credit for market promotion activities, quality control, exempt dispositions, and interest and late charges provisions. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing that the EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Info here.
FISH AND WILDLIFE SERVICE
Notice announcing that FWS issued permits to conduct certain activities with endangered species and marine mammals. Info here.
Notice announcing that the United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), will attend the nineteenth regular meeting of the Conference of the Parties to CITES (CoP19) in Panama City, Panama, November 14-25, 2022. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Notice that NOAA/NMFS has issued an Incidental Harassment Authorization to Attentive Energy, LLC to incidentally harass marine mammals during marine site characterization surveys associated with high resolution geophysical equipment off the coast of New Jersey and New York. Info here.
Notice announcing that NOAA/NMFS has received a petition from Park City Wind LLC requesting authorization to take small numbers of marine mammals incidental to construction activities associated with the New England Wind Offshore Wind Farm in a designated lease area on the Outer Continental Shelf offshore Massachusetts over the course of 5 years beginning in 2025. Info here.
Notice that NOAA/NMFS has issued two consecutive Incidental Harassment Authorizations to the U.S. Army Corps of Engineers to incidentally harass marine mammals during in-water construction activities associated with the Sand Island Pile Dikes Repairs Project in the Columbia River. Info here.