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

JUDICIAL: Animal Law

In Humane Socy. of the U.S. v. U.S. Dept. of Agric., 41 F.4th 564 (D.C. Cir. 2022), the plaintiffs appealed the district court’s dismissal of their claims. Plaintiffs argued that the USDA unlawfully repealed a rule implementing the Horse Protection Act which would have banned action devices intended to cause horse soring and eliminated Horse Industry Organizations training program while imposing new inspector requirements. The court of appeals held that plaintiffs adequately alleged an injury in fact, as required for Article III standing, and USDA, which withdrew a rule implementing HPA after the rule had been made available for public inspection in the Office of the Federal Register, but before it was published in the Federal Register, was required to comply with the APA’s requirements of notice and an opportunity for comment before it could withdraw rule. The court of appeals reversed and remanded.

REGULATORY: AMS

AGRICULTURAL MARKETING SERVICE

Proposed rule directing that a referendum be conducted among eligible pistachio producers to determine whether they favor continuance of the marketing order regulating the handling of pistachios grown in California, Arizona, and New Mexico. Info here.

Notice announcing that the United States Grain Standards Act designations of the official agencies listed below will end on the prescribed dates. Info here.