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



Environmental Protection Agency

Final rule establishing exemptions from the requirement of a tolerance for residues of the insecticide Bacillus thuringiensis Cry1Ab/Cry2Aj protein in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop, and for residues of the inert ingredient G10-evo Enolpyruvylshikimate-3-phosphate synthase protein in or on the food and feed commodities of all crops when used in a plant-incorporated protectant. Info here.

Notice that EPA is opening a 60-day comment period on the draft nationwide biological evaluations for the registration review of the pesticide glyphosate relative to the potential effects on threatened and endangered species and their designated critical habitats. This document extends the comment period for 45 days, from January 26, 2021 to March 12, 2021. Info here.

Notice that all ten Environmental Protection Agency Regions are proposing for public comment the draft 2021 National Pollutant Discharge Elimination System pesticide general permit. Info here.

Fish and Wildlife Service

Final rule revising the designation of critical habitat for the northern spotted owl under the Endangered Species Act by excluding approximately 3,472,064 acres (1,405,094 hectares) in Whatcom, Okanogan, Skagit, Chelan, Snohomish, King, Kittitas, Pierce, Yakima, Lewis, Cowlitz, Skamania, Clark, and Klickitat Counties in Washington; Tillamook, Washington, Multnomah, Hood River, Wasco, Yamhill, Clackamas, Marion, Polk, Lincoln, Linn, Jefferson, Benton, Lane, Deschutes, Douglas, Coos, Klamath, Curry, Jackson, and Josephine Counties in Oregon; and Del Norte, Siskiyou, Humboldt, Trinity, Shasta, Tehama, Mendocino, Glenn, Lake, and Colusa Counties in California, under section 4(b)(2) of the ESA. Info here.

Proposed rule to reclassify Furbish’s lousewort from an endangered species to a threatened species under the Endangered Species Act, and we propose a rule under section 4(d) of the ESA to promote the conservation of Furbish’s lousewort. Info here.

Food and Nutrition Service

Notice announcing the surplus and purchased foods that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program in Fiscal Year 2021. Info here.

National Oceanic and Atmospheric Administration

Final rule governing the unintentional taking of marine mammals incidental to fisheries research conducted in multiple specified geographical regions over the course of five years. Info here.

Natural Resources Conservation Service

Final rule adopting, with minor changes, an interim rule published in the Federal Register on February 13, 2020. The interim rule implemented changes to RCPP that were either necessitated by the Agriculture Improvement Act of 2018 and changes for administrative streamlining improvements and clarifications. Info here.

Rural Business-Cooperative Service

Notice of solicitation of applications in the Federal Register of November 25, 2020 entitled “Inviting Applications for the Rural Energy for America,” to allow potential applicants time to submit applications for financial assistance under the Rural Energy for America Program and allow the Agency time to process applications within the current FY 2021. Info here.