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

Judicial: Pesticides, Endangered Species Act

In In re: PARAQUAT PRODUCTS LIABILITY LITIGATION This Document Relates to All Cases, No. 3:21-MD-3004-NJR, 2022 WL 451898 (S.D. Ill. Feb. 14, 2022), the court considered partial motions to dismiss filed by Chevron and Syngenta. In this case plaintiffs alleged that they developed Parkinson’s disease from exposure to Paraquat manufactured and distributed by defendants. Defendants claimed that plaintiffs’ claims should be dismissed because they are time-barred by applicable state statutes of repose. The court found that the Illinois plaintiffs’ complaints were sufficient to establish fraudulent concealment of the cause of action and that the Illinois plaintiff’s strict product liability claims were not dismissed as time barred by Illinois’s statute of repose.  The court then looked at Iowa’s statute of repose and found that Paraquat was a harmful material as defined by the Iowa legislature and the statute of repose did not apply. The court also found that Connecticut’s plaintiffs adequately alleged the elements of fraudulent concealment under Connecticut law. The court also found that plaintiffs’ claims from Georgia, North Carolina, and Indiana were not barred by each state’s statute of repose.

The court then considered the plaintiffs’ public nuisance claims. The court ultimately found that plaintiffs’ public nuisance claim was more like a products liability cause of action than an action to truly address a public nuisance. The court dismissed the public nuisance claims.

In ATLANTIC SALMON FEDERATION U.S., et al., Plaintiffs, v. MERIMIL LIMITED PARTNERSHIP, et al., Defendants., No. 1:21-CV-00257-JDL, 2022 WL 558358 (D. Me. Feb. 24, 2022), the court considered whether to grant an injunction against defendants who were taking Atlantic salmon in the Kennebec River pursuant to the Endangered Species Act (“ESA”). The plaintiffs claim that the dams on the river are causing the death of salmons and decreasing their habitat. Defendants were authorized to incidentally take Atlantic salmon through the operation of the dams. However, their incidental take authority expired in 2019. Plaintiffs sought to limit the defendant’s operations. The court found that the plaintiffs did demonstrate that the proposed injunction would protect the endangered species. The court denied the plaintiffs motion for preliminary injunction.

LEGISLATIVE: Includes New York

NEW YORK

A 9283 provides a conditional adult-use cultivator license and conditional adult-use processor licenses to process and distribute cannabis flower products to individuals who hold a valid industrial hemp grower authorization from the state’s Department of Agriculture and Markets and have grown and harvested hemp for at least two of the past four years pursuant to that license. Info here.

REGULATORY: AMS, CCC, EPA, FWS, FDA, FSIS, FS

AGRICULTURAL MARKETING SERVICE

Final rule amending the United States Department of Agriculture’s (USDA) organic regulations to implement recommendations from the National Organic Standards Board (NOSB). Info here.

COMMODITY CREDIT CORPORATION

Notice requesting comments on a revision and an extension of a currently approved information collection request associated with the Partnerships for Climate-Smart Commodities grant activity. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Final rule denying objections, requests for hearings, and requests for a stay regarding EPA’s August 2021 final rule revoking all tolerances for the insecticide chlorpyrifos. Info here.

Final rule establishing an exemption from the requirement of a tolerance for residues of fatty acids, esters with triethanolamine, when used as inert ingredients in pesticide formulations applied to growing crops pre- and post-harvest, not to exceed 10% in the final pesticide formulation. Info here.

Final rule establishing time-limited tolerances for residues of the herbicide fluridone in or on peanut and peanut hay. Info here.

FISH AND WILDLIFE SERVICE

Final rule announcing that FWS has determined endangered species status under the Endangered Species Act, for the peppered chub (Macrhybopsis tetranema), a freshwater fish species historically found in Colorado, Kansas, New Mexico, Oklahoma, and Texas, which is now extirpated from all but six percent of its historical range. Info here.

Proposed rule announcing that FWS is extending the comment period on our December 28, 2021, proposed rule to list four distinct population segments of the foothill yellow-legged frog (Rana boylii), a stream-dwelling amphibian from Oregon and California. Info here.

FOOD AND DRUG ADMINISTRATION

Final rule announcing that the FDA is amending the animal drug regulations to reflect application-related actions for new animal drug applications, abbreviated new animal drug applications, and a conditionally approved new animal drug application during July, August, and September 2021. Info here.

Notice announcing that the FDA is withdrawing approval of a new animal drug application at the sponsor’s request because the product is no longer manufactured or marketed. Info here.

FOOD SAFETY AND INSPECTION SERVICE

Notice announcing that FSIS intends to request a new information collection for poultry Finished Product Standards. FSIS is seeking comments on whether this proposed collection of information is necessary. Info here.

FOREST SERVICE

Notice announcing that the Forest Service is seeking comments on a new information collection: Monitoring Trends in Burn Severity User Satisfaction Survey. Info here.