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

JUDICIAL: ESA

In N. New Mexico Stockman’s Ass’n v. United States Fish & Wildlife Serv., No. 21-2019, 2022 WL 1123013 (10th Cir. Apr. 15, 2022), two New Mexico ranching associations challenged the Fish and Wildlife Service’s (FWS’s) designation of critical habitat for the endangered New Mexico Meadow Jumping Mouse. The district court upheld FWS’s critical habitat designation and the ranching associations appealed. The ranchers’ claimed that the methodology used to analyze economic impacts of critical habitat designation violated the ESA and Tenth Circuit precedent, FWS failed to consider the impact of designation on ranchers’ water rights on federal lands, and FWS provided inadequate reasoning for its decision to not exclude certain areas from the habitat designation.

The court found that the method used to analyze the economic impacts of critical habitat designation did not violate the ESA and was consistent with Tenth Circuit precedent. The court also found that FWS did consider the impacts of designation on the rancher’s water rights and ensured that the ranchers would continue to have access to water on their federal allotments. Finally, the court found that FWS did not abuse its discretion when it decided not to exclude certain areas from the critical habitat designation.

REGULATORY: FDA, NOAA

FOOD AND DRUG ADMINISTRATION

Notice announcing the availability of a draft guidance entitled “Evaluating the Public Health Importance of Food Allergens Other Than the Major Food Allergens Listed in the Federal Food, Drug, and Cosmetic Act.” Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing that NOAA/NMFS has completed a proposed evaluation of how well the Northwest Indian Fisheries Commission’s Tribal Resource Management Plan fulfills Endangered Species Act criteria. Info here.

Final rule issuing regulations governing the unintentional taking of marine mammals incidental to Russian River estuary management activities in Sonoma County, California, over the course of five years. Info here.