A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
Judicial: Labor
In Johnson v. Tyson Foods, Inc., No. 2:21-CV-156-Z-BR, 2022 WL 456897 (N.D. Tex. Jan. 20, 2022), the court considered whether Tyson Foods’ alleged negligent and grossly negligent conduct caused plaintiffs to contract COVID-19. Tyson moved for dismissal of all complaints. The court found that plaintiffs claim under the Pandemic Liability Protection Act failed to allege reliable scientific evidence that showed Tyson Foods’ actions caused plaintiffs to contract COVID-19. The court also found that plaintiffs did not properly allege causation or provide factual allegations to support their legal conclusion that Tyson Food was negligent or grossly negligent. The court held that plaintiffs failed to state a claim upon which relief could be granted and the motion to dismiss was granted.
REGULATORY: EPA, FWS, NOAA
ENVIRONMENTAL PROTECTION AGENCY
Proposed rule announcing that EPA is taking comments before responding to a request to establish or modify the regulations for residues of pesticide chemicals in or on various commodities. Info here.
Notice announcing that EPA will discontinue processing Inventory Corrections, and is withdrawing its Inventory Correction guidelines published in 1980. EPA is phasing out the accompanying procedures by which a person may request a correction of that Inventory listing. The phase-out period for correction requests ends on April 26, 2022. Info here.
Notice announcing that the EPA is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule trading programs. Info here.
Notice announcing that the EPA is holding a virtual public meeting to seek individual input on the proposed Toxic Substances Control Act New Chemicals Collaborative Research Program. Info here.
FISH AND WILDLIFE SERIVCE
Notice announcing that the FWS received a written request to renew an existing enhancement of survival permit for an additional 20 years beyond its current expiration date. Renewing the associated safe harbor agreement is intended to benefit the recovery of the federally listed threatened gopher tortoise (Gopherus polyphemus) and federally listed endangered red-cockaded woodpecker (Picoides borealis) on 754 acres of enrolled privately owned lands in Covington County, Mississippi. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule announcing that the State of North Carolina is transferring a portion of its 2022 commercial summer flounder quota to the Commonwealth of Virginia. Info here.
Final rule announcing that the State of New York is transferring a portion of its 2022 commercial summer flounder quota to the Commonwealth of Massachusetts. Info here.
Temporary rule increasing the possession and trip limits of Gulf of Maine cod, Cape Cod/Gulf of Maine yellowtail flounder, and witch flounder for Northeast multispecies common pool vessels for the remainder of the 2021 fishing year. Info here.
Proposed rule proposing Atlantic spiny dogfish specifications for the 2022 fishing year, and an adjustment to the commercial trip limit. Info here.