A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes food law, jurisdictional standing
In Farm Sanctuary v. U.S. Dep’t of Agric., No. 6:19-CV-06910, 2021 WL 2644068 (W.D.N.Y. June 28, 2021) a federal court in the Western District of New York declined a motion to dismiss the plaintiffs’ complaints challenging both a regulation passed by the defendant in 2019, and the defendant’s decision to decline the plaintiff’s 2019 petition for rulemaking. The plaintiffs initiated this lawsuit in December, 2019, following the United States Department of Agriculture’s (“USDA”) adoption of the Modernization of Swine Slaughter Inspection rule (“the Slaughter Rule”). The rule has lifted limitations on line speeds at slaughterhouses, and reduced the amount of federal oversight by reducing the number of federal inspectors present in slaughterhouses. According to the plaintiffs, the Slaughter Rule poses a threat to animal welfare, consumer health and safety, and the environment. The plaintiffs also filed an additional action in February, 2020 accusing USDA of wrongly denying the plaintiffs’ petition for a rulemaking to ban the slaughter of all non-ambulatory, or “downed” pigs. The defendants moved for both complaints to be dismissed, arguing that the plaintiffs lacked standing to bring either claim.
The defendants argued that the plaintiffs lacked standing both because they had not suffered an actual injury, and any alleged injury based on the plaintiffs’ voluntary decision to initiate a lawsuit was “self-inflicted and not traceable to the defendant’s conduct.” However, in the Second Circuit, courts have consistently found that an organization has suffered an injury sufficient to establish standing when an organization spends time and effort responding to a defendant’s action. Accordingly, the court determined that the plaintiffs had standing to bring both their 2019 and 2020 claims because they had plausibly alleged that they have suffered an injury by being forced to direct resources from their usual activities in order to challenge both the Slaughter Rule and the denial of rulemaking. Therefore, the motion to dismiss is denied and both claims will move forward.
REGULATORY: Includes CEQ, EPA, FSA, NOAA
Council on Environmental Quality
Final rule extending the deadline by two years for Federal agencies to develop or revise proposed procedures for implementing the procedural provisions of the National Environmental Policy Act. Info here.
Environmental Protection Agency
Final rule establishing an exemption from the requirement of a tolerance for residues of Bacillus subtilis strain RTI477 in or on all food commodities when used in accordance with label directions and good agricultural practices. Info here.
Farm Service Agency
Notice requesting comments from all interested individuals and organizations on an extension of a currently approved information collection that supports Direct Loan Servicing—Special. Info here.
National Oceanic and Atmospheric Administration
Final rule implementing management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, as prepared by the Gulf of Mexico Fishery Management Council. Info here.
Notice announcing an inseason action in the 2021 ocean salmon fisheries. Info here.