A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
Judicial: Federal-question jurisdiction
In MARK S. JOHNSON v. SSA GROUP, LLC, No. 21-CV-02188-LTB-GPG, 2021 WL 5104330 (D. Colo. Oct. 26, 2021), the court addressed whether federal-question jurisdiction existed under the Federal Meat Inspection Act. The court held that the Federal Meat Inspection Act does not create a federal private right of action that could serve as the basis for a plaintiff to invoke a court’s subject-matter jurisdiction. Furthermore, the complaint did not establish that federal law created the cause of action Plaintiff sought to bring, or that his right to relief necessarily depended on resolution of a substantial question of federal law, Plaintiff failed to present any federal claim that established federal-question jurisdiction. The court found that the lack of federal question or allegations that could establish diversity meant that there was no independent basis for subject-matter jurisdiction.
REGULATORY: EPA, FSA, FWS
ENVIRONMENTAL PROTECTION AGENCY
Proposed Rule announcing the extension of a public comment period in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks to useful products such as energy, fuels, and chemical commodities. The deadline to respond to EPA’s request was November 8, 2021. The EPA is extending the comment period to December 23, 2021. Info here.
Notice announcing that EPA is soliciting comments on specific aspects of a proposed information collection request (ICR) it plans to submit to the Office of Management and Budget. ICR is entitled “Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 123 (Renewal) (EPA ICR Number 1425.12, OMB Control Number 2050-0077)”. Info here.
FARM SERVICE AGENCY
Notice announcing the availability of $20 million through the new Organic and Transitional Education and Certification Program for certified operations and transitional operations that incurred eligible expenses in fiscal years 2020, 2021, and 2022. Info here.
Notice announcing the availability of funds for the Pandemic Livestock Indemnity Program to provide assistance to producers for losses of livestock and poultry depopulated from March 1, 2020, through December 26, 2020 due to insufficient processing access as a result of the COVID-19 pandemic and for the cost of depopulation and disposal. Info here.
FISH AND WILDLIFE SERVICE
Notice announcing receipt of an application from VK Avalon Groves LLC for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Lake County, Florida. Info here.
Notice announcing receipt of an application from Florida Department of Transportation—Florida’s Turnpike Enterprise for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed eastern indigo snake incidental to construction of the four-lane Suncoast Parkway 2 in Citrus County, Florida. Info here.
Notice announcing that FWS received a request under the Marine Mammal Protection Act from JADE Energy, LLC, for authorization to take by Level B harassment a small number of polar bears from the Southern Beaufort Sea stock incidental to oil and gas exploratory activities scheduled to occur between December 1, 2021, through November 30, 2022. Info here.