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

JUDICIAL: Water Law, Pesticides

In Farmers Reservoir & Irrigation Co. v. Pub. Serv. Co. of Colorado, 2022 CO 22, the Supreme Court of Colorado looked at whether the water court had authority to grant new rights to the Farmers Reservoir and Irrigation Company (“FRICO”). FRICO also appealed the water court’s decision to place specific terms and conditions on FRICO’s use of the Subject Water Rights. The court found that there was ample evidence in the trial record that FRICO had been diverting a measurable, and accounted for, amount of unappropriated water in priority at the Bowles Seep Canal and East Neres Canal, which FRICO was putting to beneficial use. The court concluded that the water court did not err in awarding FRICO the absolute portions of the East Neres Canal Seep Right and the Bowles Seep Canal Seep Right. Additionally, the water court did not violate FRICO’s constitutional or statutory right to appropriate unappropriated water to put to beneficial use. The water court properly maintained limits on such use to prevent injury to other water users. Because the limitation was necessary to prevent injury to other water users and was not clearly erroneous, the Court affirmed the water court’s Amended Decree and its terms and conditions.

In THE DELONG COMPANY, INC. v. SYNGENTA, No. 21-3044, 2022 WL 1510596 (10th Cir. May 13, 2022), the court of appeals reversed the dismissal of DeLong’s claim that Syngenta was negligent and caused trade disruption. The district court dismissed the case because they found that DeLong had not satisfied the Wisconsin six-year statute of limitations because it suffered actual harm from Syngenta’s negligence more than six years before commencing the suit. The court of appeal reversed because it found that there was a genuine issue of fact as to when DeLong first suffered harm.

REGULATORY: FSA, NOAA

FARM SERVICE AGENCY

Notice announcing the Emergency Relief Program (ERP). ERP will provide assistance to producers for losses to crops, trees, bushes, and vines due to wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions occurring in calendar years 2020 and 2021. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing that NOAA/NMFS has received permit application requests for two new scientific research and enhancement permits for black abalone. The proposed work is intended to increase knowledge of species listed under the Endangered Species Act and to help guide management, conservation, and recovery efforts. Info here.

Notice announcing that NOAA/NMFS has issued an incidental harassment authorization to Orsted Wind Power North America, LLC, and its designees, Garden State Offshore Energy, LLC, and Skipjack Offshore Energy, LLC, to incidentally harass marine mammals during marine site characterization surveys off the coast of Delaware and along potential export cable routes to landfall locations in Delaware and New Jersey. Info here.