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


Judicial: Indigenous Hunting Rights, Veterinary Law

In NORTHWESTERN BAND OF THE SHOSHONE NATION v. STATE OF IDAHO, No. 4:21-CV-00252-DCN, 2022 WL 170034 (D. Idaho Jan. 19, 2022), the court determined whether the Northwestern Band of the Shoshone Nation had certain hunting rights. The court dismissed the claims against the state of Idaho because the claim was barred under the Eleventh Amendment. The court then looked to the Treaty of 1868 to determine whether the Northwestern Band had a claim which relief could be granted. The court found that the Northwestern Band had to meet two requirements of the Treaty in order to have hunting rights and that they had not met the conditions. The first was that the Northwestern Band had not made its permanent home on either of the relevant reservations. The court did not rule on the second requirement of whether or not it had maintained political cohesion with the tribes named in the Treaty. The court concluded that the plain language of the 1868 Treaty indicated that the Northwestern Band did not qualify for these specific hunting rights. The case was dismissed with prejudice.

In McElwee v. Bureau of Pro. & Occupational Affs., State Bd. of Veterinary Med., No. 1274 C.D. 2020, 2022 WL 150852 (Pa. Commw. Ct. Jan. 18, 2022), the court considered whether animal chiropractic is the practice of veterinary medicine under the Veterinary Medicine Practice Act. The Petitioner appealed from the findings of the State Board of Veterinary Medicine (“Board”) in which they directed Petitioner to cease and desist from the unlicensed practice of veterinary medicine. Petitioner argued that animal chiropractic did not constitute the practice of veterinary medicine and it was unregulated practice not subject to Board authority. The court found that animal chiropractic was considered within the practice of veterinary medicine. The court also held that even though animal chiropractic was not specifically regulated it was still regulated by the appropriate licensing authority. The court affirmed the order of the State Board of Veterinary Medicine.




Proposed rule proposing to amend Marketing Order No. 925, which regulates the handling of grapes grown in a designated area of southeastern California. The proposed amendments would change the California Desert Grape Administrative Committee’s size, and its quorum and voting requirements. Info here.


Notice announcing APHIS’ decision to revise the requirements relative to the importation into the United States of plums from Chile. APHIS has decided that plums from Chile may safely be imported under a systems approach for mitigation of the risk posed by European grapevine moth, with an additional option for fumigation with methyl bromide. Info here.


Notice announcing that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture a draft proposed rulemaking regulatory document concerning “Pesticides; Certification of Pesticide Applicators; Further Extension to Expiration Date of Certification Plans (RIN 2070-AL01).” Info here.

Notice announcing that the EPA is seeking public input on updating the National Pollutant Discharge Elimination System Industrial Stormwater Fact Sheet Series. Info here.


Proposed rule proposing to list the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, as an endangered species under the Endangered Species Act. Info here.

Notice announcing that FWS has received an application from Ford Ridge Wind Farm LLC, for an incidental take permit (ITP) under the Endangered Species Act, for its Ford Ridge Wind Project. If approved, the ITP would be for a 6-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long-eared bat. Info here.


Final rule approving and implementing Framework Adjustment 62 for Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies Fishery Management Plan. This action establishes a 10-year rebuilding plan, including a rebuilding schedule and change in possession limits for the overfished southern red hake stock. Info here.

Final rule finalizing specifications for the 2022 Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. Info here.

Temporary rule prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the Gulf of Alaska. Info here.