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

Judicial: Pesticides, Zoning Violations

In Bayer Cropscience, LP v. Hooks, 2022 Ark. 29 (2022), the court considered whether Bayer had the right to intervene in a lawsuit challenging a rule adopted by the Arkansas State Plant Board (“Plant Board”). Bayer claimed that they had an interest in defending their products, financial interests, and reputational interest in the product. The circuit court denied Bayer’s motion to intervene. The Supreme Court of Arkansas held that the circuit court’s rationale for denying Bayer’s motion to intervene was incorrect and that the APA did not bar Bayer’s motion to intervene. The court then considered whether Bayer was entitled to intervene as a matter of right. The court found that the filing of the motion was timely, that Bayer had a sufficient interest to support a right to intervene, and that Bayer’s interest was not adequately represented by the Plant Board. The court held that the circuit court erred in denying Bayer’s motion to intervene and the case was reversed and the circuit court was ordered to allow Bayer to intervene as a matter or right.

In Twp. of Fraser v. Haney, No. 160991, 2022 WL 388013 (Mich. Feb. 8, 2022), the court had to determine whether the statute of limitations had run on a violation of zoning ordinance. Defendants owned property in Fraser Township that is zoned for commercial use. Starting in 2006, defendants began bringing hogs onto the property. Fraser Township filed a complaint in 2016, alleging that the defendant’s property was not zoned for agricultural use and that the defendants’ actions violate its zoning ordinance and constituted a nuisance. The Court of Appeals found that the suit was time-barred because hogs had been on the property since 2006 but plaintiffs only brought a complaint in 2016. The Supreme Court of Michigan did not agree with the Court of Appeals and reversed their judgment and remanded the case to the trial court for further proceedings. The Supreme Court of Michigan held that the action was not time-barred because defendants continually had hogs on their property within the limitations period therefore, claims accrued during that period and plaintiff’s action was timely. The wrong alleged was defendants’ retention of hogs on their commercially zoned property. Plaintiff’s action was timely because it was commenced while defendants’ unlawful conduct was ongoing.

REGULATORY: AMS, EPA, FWS, USFS

AGRICULTURAL MARKETING SERVICE

Notice announcing that AMS is inviting manufacturers of automated imaging instrumentation to partner in cooperative research and development efforts to determine broken kernels, whole kernels, and milling yield, in percentage by mass, in short-, medium-, and long-grain milled rice. Info here.

Final rule terminating the Federal marketing order regulating the handling of Irish potatoes grown in Washington, and the rules and regulations issued thereunder. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Notice announcing that the Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2020 is available for public review. Info here.

FISH AND WILDLIFE SERVICE

Proposed rule to list the prostrate milkweed (Asclepias prostrata), a plant species from Texas, as an endangered species and designate critical habitat under ESA. Info here.

UNITED STATES FOREST SERVICE

Notice announcing the completion and availability of a comprehensive river management plan for nine wild and scenic rivers, including Collawash River, Eagle Creek, East Fork Hood River, Fifteenmile Creek, Fish Creek, Middle Fork Hood River, South Fork Clackamas River, South Fork Roaring River, and Zigzag River. Info here.