A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
Judicial: USDA
In ORGANIC TRADE ASSOCIATION, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants., No. CV 17-1875 (PLF), 2022 WL 951335 (D.D.C. Mar. 30, 2022), defendants sought remand of the Organic Livestock and Poultry Practice (OLPP) Withdrawal Rule without vacatur to the USDA. The USDA sought to remand so that it could reconsider the OLPP Rule and conduct a new regulatory impact analysis. The plaintiff requested that the court rule on the merits of the rule and deny the USDA’s motion for remand. The court found that remand would not unduly prejudice the plaintiffs. The court also found that if it granted vacatur there would be disruptive consequences. The court held that the negative consequences of vacatur outweighs the potential positives. The court granted the USDA’s motion for voluntary remand without vacatur.
In STATE OF NEW YORK, BASIL SEGGOS, as Comm’r of the New York State Dep’t of Env’t Conservation, & the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Plaintiffs, v. Gina M. Raimondo, in her official capacity as Sec’y of the United States Dep’t of Com., the UNITED STATES DEPARTMENT OF COMMERCE, the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, & the NATIONAL MARINE FISHERIES SERVICE, a/k/a NOAA Fisheries, Defendants., No. 1:21-CV-00304 (MKV), 2022 WL 912682 (S.D.N.Y. Mar. 29, 2022), the plaintiffs challenged the regulations that established the annual quotas for commercial fishing of summer flounder among the mid-Atlantic States. New York alleged that the regulations violated the Magnuson-Stevens Fishery Conservation Management Act (MSA). Plaintiffs challenged the 2020 Allocation rule and argued that it disregarded several national standards. The court found that the 2020 Allocation rule was based upon the best scientific information available, was fair and equitable, and properly considered cost and efficiency. The court also found that the rule properly considered the importance of fishery resources to fishing communities and properly considered the safety of human life at sea. The court held that the 2020 Allocation Rule was consistent with the MSA because the National Marine Fisheries Service appropriately balanced the ten national standards when it adopted the 2020 Allocation Rule.
LEGISLATIVE: Includes West Virginia
WEST VIRGINIA
HB 4491 relates to the permitting, drilling, operation, and closure of injection wells for the sequestration of carbon dioxide in underground storage reservoirs; authorizing the state’s Department of Environmental Protection to promulgate rules; specifies requirements for carbon dioxide sequestration pilot program. Info here.
LEGISLATIVE: Includes Colorado
COLORADO
SB 22-030 expands the scope of the Water Resources Review Committee to include agricultural issues. Info here.
REGULATORY: AMS, ARS, CFTC, EPA, NOAA
AGRICULTURAL MARKETING SERVICE
Notice announcing a public hearing regarding proposed amendments to Federal Marketing Order No. 984 regulating the handling of walnuts grown in California. Info here.
AGRICULTURAL RESEARCH SERVICE
Notice announcing that the Subcommittee on Aquaculture is extending the comment period on a document seeking public comment on a draft outline of the Strategic Plan for Aquaculture Economic Development, and information on a planned update to the 1983 National Aquaculture Development Plan. Info here.
COMMODITY FUTURES TRADING COMMISSION
Notice announcing that CFTC is seeking public comments on its draft 2022-2026 Strategic Plan. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing two public meetings of the EPA Science Advisory Board per- and polyfluoroalkyl substances (PFAS) Review Panel to discuss their draft report reviewing EPA’s Proposed Approaches to the Derivation of a Draft Maximum Contaminant Level Goal for Perfluorooctanoic Acid (PFOA) in Drinking Water; EPA’s Proposed Approaches to the Derivation of a Draft Maximum Contaminant Level Goal for Perfluorooctanesulfonic Acid (PFOS) in Drinking Water; EPA’s Analysis of Cardiovascular Disease Risk Reduction as a Result of Reduced PFOA and PFOS Exposure in Drinking Water; and EPA’s Draft Framework for Estimating Noncancer Health Risks Associated with Mixtures of PFAS. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule designating critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under the Endangered Species Act. Info here.
Final rule designating critical habitat for the Beringia distinct population segment of the Pacific bearded seal subspecies (Erignathus barbatus nauticus) under the Endangered Species Act. Info here.