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

JUDICIAL: Includes environmental law, CWA

In Missouri Coal. for the Env’t Found. v. Wheeler, No. 2:19-CV-04215-NKL, 2021 WL 2211446 (W.D. Mo. June 1, 2021), a federal court in Missouri considered whether the Environmental Protection Agency (“EPA”) had improperly approved the State of Missouri’s proposed water quality standards under the Clean Water Act (“CWA”). Ultimately, the court found in favor of EPA, concluding that it did not violate the CWA by approving the water quality standards.

Under the CWA, states may set water quality standards limiting the amount of certain types of pollutants that can be found in waterbodies. In 2009, Missouri proposed water quality standards for nutrient pollutants – phosphorous, nitrogen, and chlorophyll – in Missouri lakes. Although EPA initially rejected the proposed standards, it eventually accepted a revised version of the standards in 2018. The plaintiffs filed suit, arguing that the water quality standards should be set aside because EPA’s determination that the standards would protect the uses of the waterbody was arbitrary and capricious. When reviewing the case, the court noted that it must only consider whether there was any rational basis for EPA’s determination that the water quality standards proposed by Missouri would protect the designated uses of Missouri’s lakes. After reviewing the evidence, the court concluded that EPA made a scientific determination that the proposed standards would adequately protect the designated uses of the protected waterbodies. Because EPA’s scientific determination met the “rational basis” standard for court review, the court found in favor of EPA.

REGULATORY: EPA

Environmental Protection Agency

Final rule establishing tolerances for residues of difenoconazole in or on olive; olive, with pit; pepper, black; and persimmon, Japanese. Info here.

Notice announcing the Agency’s receipt of initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. Info here.