A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Food Law
In United Food & Com. Workers Union, Loc. No. 663 v. United States Dep’t of Agric., No. 21-2220, 2022 WL 2026845 (8th Cir. June 7, 2022), the court affirmed the district courts decision to deny pork processing companies motion to intervene. The United States Department of Agriculture (“USDA”) adopted a rule eliminating processing-line-speed limits in pork plants. Plaintiffs, unions representing pork-processing-plant workers, sued to vacate the rule as arbitrary and capricious. The district court granted summary judgment for Plaintiffs and vacated the rule. Two months later, Appellants—pork-processing companies affected by the rule and vacatur—moved to intervene. The district court denied the motion as untimely, noting that Appellants had participated in the summary judgment briefing eight months earlier. The appeals court affirmed.
REGULATORY: EPA, FS, NOAA
ENVIRONMENTAL PROTECTION AGENCY
Proposed rule revising and replacing the Agency’s 2020 regulatory requirements for water quality certification under Clean Water Act section 401. Info here.
Final rule amending existing regulations for the provision of an option to waive excess and unauthorized grazing fees when excess or unauthorized grazing is determined to be a result of unforeseen or uncontrollable circumstances. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule announcing management measures for the 2022 summer flounder, scup, and black sea bass recreational fisheries. The intent of this action is to set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest limits and thereby prevent overfishing of the summer flounder, scup, and black sea bass stocks. Info here.
Notice announcing the availability of an interim report for the post-delisting monitoring of nine distinct population segments of humpback whales (Megaptera novaeangliae). Info here.
Notice announcing two consecutive Incidental Harassment Authorization to the Chevron Products Company to incidentally harass marine mammals during in-water construction activities associated with the Point Orient Wharf Removal in San Francisco Bay, California. Info here.