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


JUDICIAL: Federal Torts Claims Act, National Marine Fisheries Service

In NAVAJO AGRICULTURAL PRODUCTS INDUSTRY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant., No. 120CV01183MISJFR, 2022 WL 2116709 (D.N.M. June 13, 2022), plaintiffs argued that defendant violated their duty to maintain the Kutz Siphon with reasonable care. The Kutz Siphon ruptured and left plaintiffs without water to irrigate their crops for about a month. Defendant moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court found that defendant did have a duty to maintain the Kutz Siphon with reasonable care. Specifically, plaintiffs claimed that defendant was negligent, negligent in hiring, training, supervision, and retention, and vicariously liable. The court dismissed all claims except for the negligence claim and declined to make a ruling on subject matter jurisdiction for the dismissed claims.

In OCEANA, INC., Plaintiff, v. WYNN COGGINS, et al., Defendants., No. 21-CV-00736-VC, 2022 WL 2111905 (N.D. Cal. June 13, 2022), plaintiffs argued that defendants unlawfully disregarded studies when adopting the new catch limit for anchovy on the California coast. The court found that defendants sufficiently justified why it did not use those studies. The court held that the regulation was valid.


LEGISLATIVE: Includes Connecticut


HB 5295 prescribes requirements for producers selling eggs directly for home consumption, authorizes rabbit processing facilities in the state, and repeals the aquaculture advisory council. Info here.




Final rule establishing an exemption from the requirement of a tolerance for residues of 5-decyne-4,7-diol, 2,4,7,9-tetramethyl- (CAS Reg. No. 126-86-3), herein referred to as TMDD, and 6-dodecyne-5,8-diol, 2,5,8,11-tetramethyl- (CAS Reg. No. 68227-33-8), herein referred to as TMDDD, when used as inert ingredients (surfactants, related adjuvant of surfactants and carriers) in pesticide formulations applied to growing crops pre- and post-harvest, and applied in/on animals. Info here.

Final rule establishing an exemption from the requirement of a tolerance for residues of cellulose, ethyl 2-hydroxyethyl ether (CAS Reg. No. 9004-58-4), when used as an inert ingredient in a pesticide chemical formulation. Info here.

Final rule establishing tolerances for residues of thiamethoxam in or on pineapples. Info here.

Final rule announcing that EPA is granting Michigan final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act. Info here.


Notice announcing that notice is hereby given that permits and permit amendments have been issued to certain entities under the Marine Mammal Protection Act and the Endangered Species Act. Info here.