A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Grazing
In CONCERNED FRIENDS OF THE WINEMA, et al. v. DOUGLAS C. McKAY, Dist. Ranger, Paisley & Silver Lake Ranger Districts, Fremont-Winema Nat’l Forest; BARRY L. IMLER, Forest Supervisor, Fremont-Winema Nat’l Forest; UNITED STATES FOREST SERVICE; LAURIE SADA, Field Supervisor, Klamath Falls Fish & Wildlife Office; & the UNITED STATES FISH AND WILDLIFE SERVICE, No. 1:19-CV-516-MC, 2022 WL 2439918 (D. Or. July 5, 2022), plaintiffs sought vacatur of the defendant’s final decision that established a new framework for livestock grazing in the Fremont-Winema National Forest. The Court found that the Forest Service was not arbitrary and capricious with respect to its final decision on the Antelope Allotment grazing plan and was in compliance with NEPA. The Court also found that the Forest Service’s grazing decision was in alignment with the Winema Forest Plan’s provisions and the NFMA. The Court granted the defendant’s motion for summary judgment.
REGULATORY: AMS, FDA, FAS, NOAA
AGRICULTURAL MARKETING SERVICE
Proposed rule directing that a referendum be conducted among eligible producers of onions grown in South Texas to determine whether they favor continuance of the marketing order regulating the handling of onions produced in the production area. Info here.
FOOD AND DRUG ADMINISTRATION
Notice announcing the availability of a final guidance for industry #245 entitled “Hazard Analysis and Risk-Based Preventive Controls for Food for Animals.” Info here.
FOREIGN AGRICULTURAL SERVICE
Notice announcing that FAS is building a new online system to manage the Refined Sugar Re-Export Program, the Sugar Containing Products Re-Export Program, and the Polyhydric Alcohol Program to replace the existing Sugars Users Group Accounting and Report System, launched in 2004. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMIINISTRATIOB
Final rule governing the taking of marine mammals incidental to the training and testing activities conducted in the Point Mugu Sea Range Study Area. Info here.
Notice that NOAA/NMFS has issued an Incidental Harassment Authorization to NextEra Energy Transmission MidAtlantic Holdings, LLC to incidentally harass marine mammals during site characterization surveys off New Jersey. Info here.
Notice that a Letter of Authorization has been re-issued to W&T Offshore Inc. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. Info here.