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

JUDICIAL: Biosecurity

In Air Transp. Ass’n of Am., Inc. v. United States Dep’t of Agric., No. 21-5118, 2022 WL 2203484 (D.C. Cir. June 21, 2022), appellants filed a suit against the USDA and APHIS arguing that the final rule regarding aircraft and air passenger fees violated the Food, Agricultural, Conservation, and Trade Act (FACT Act) and the Administrative Procedure Act (APA). The district court granted summary judgment in favor of appellees and held that APHIS had authority to collect a reserve surcharge. Appellants appealed. The court of appeals found that APHIS’s interpretation of the statute was reasonable and that APHIS was not act arbitrarily or capriciously when it deviated from a recommendation. The court of appeals affirmed the district court’s judgment but reversed it insofar as the challenged rule allowed collection of fees to fund a reserve after 2002.

REGULATORY: AMS, EPA, FWS, NOAA

AGRICULTURAL MARKETING SERVICE

Notice announcing a meeting of the National Organic Standards Board. Info here.

Notice announcing that AMS is seeking nominations for individuals to serve on the USDA Grain Inspection Advisory Committee. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Notice announcing that EPA has received objections and hearing requests in response to its issuance of a Notice of Intent to Suspend registration of a pesticide containing dimethyl tetrachloroterephthalate (DCPA). EPA will hold a public hearing to receive evidence related to the proposed suspension of DCPA. Info here.

FISH AND WILDLIFE SERVICE

Proposed rule announcing that FWS proposes to reclassify Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the Endangered Species Act. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing that the NOAA/NMFS has received a request from Lamont-Doherty Earth Observatory (L-DEO) for authorization to take marine mammals incidental to geophysical surveys at the Cascadia Subduction Zone and Juan de Fuca Plate in the Northeast Pacific Ocean. Info here.

Notice announcing that a Letter of Authorization has been issued to BHP Billiton Petroleum Inc. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. Info here.