A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
Judicial: ESA, Food Labeling
In Nat. Res. Def. Council, Inc. v. Coit, No. 20-CV-1150 (CRC), 2022 WL 971288 (D.D.C. Mar. 31, 2022), the court reviewed the National Marine Fisheries Service’s (NMFS) decision to not list the alewife and blue herring species. The court found that NMFS’s work was thorough and mostly unobjectionable and granted NMFS’s motion for summary judgment. However, the court did find that NMFS failed to adequately explain its finding that a blueback herring population was not a distinct population segment. NMFS also did not adequately explain why it did not assess the blueback herring population under the agency’s significant portion of its range policy. The court held that NMFS’s listing decision would be left in place while the two issues the court found were remanded for further explanation.
In KELVIN BROWN, individually & on behalf of all others similarly situated, Plaintiff, v. KELLOGG SALES CO., Defendant., No. 1:20-CV-7283-ALC, 2022 WL 992627 (S.D.N.Y. Mar. 31, 2022), the plaintiff brought a claim against Kellogg claiming that the Frosted Strawberry Pop-Tarts created false misrepresentations and was misleading because of the actual amount of strawberry in the fruit filling. The filling includes pears and apples but they are not included on the front label. The court found that the plaintiff failed to plead that the front packaging was misleading. The court dismissed the complaint.
In SIERRA CLUB, Petitioner/Appellee, v. JANET STANEK, in her Off. Capacity as Sec’y of the Kansas Dep’t of Health & Env’t, & the DEPARTMENT OF HEALTH AND ENVIRONMENT, an Agency of the State of Kansas, Respondents/Appellees, & HUSKY HOGS, L.L.C., PRAIRIE DOG PORK, L.L.C., ROLLING HILLS PORK, L.L.C., & STILLWATER SWINE, L.L.C., Intervenors/Appellants., No. 123,023, 2022 WL 983563 (Kan. Ct. App. Apr. 1, 2022), plaintiffs challenged the Kansas Department of Health and Environment’s (KDHE) granting of permits for four swine facilities. The district court found that under the Kansas Judicial Review Act (KJRA) that KDHA misinterpreted the relevant statutes and regulations and reversed KDHA’s decision to grant swine facility permits. The case was appealed and on appeal the court found that the plaintiffs actually lacked standing to petition for judicial review in the first place. Because the plaintiffs lacked standing the district court’s decision was reversed and the case was remanded with directions to dismiss the plaintiffs KJRA petition and reinstate the original permits.
REGULATORY: EPA, FWS, USDA
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing a tolerance for residues of cyantraniliprole in or on sugarcane. Info here.
Notice announcing the availability of EPA’s draft human health and ecological risk assessments for the registration review of anthraquinone for public comment. This notice also announces the availability of the anthraquinone Final Work Plan. Info here.
FISH AND WILDLIFE SERVICE
Final rule announcing that FWS exercised its authority pursuant to the ESA to emergency list the Dixie Valley toad (Anaxyrus williamsi) as endangered. Info here.
Notice announcing that FWS received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. Info here.
UNITED STATES DEPARTMENT OF AGRICULTURE
Notice publishing an updated list of USDA financial assistance programs which States may choose to review under their Single Point of Contact intergovernmental review processes. Info here.