RICHARD STANSBURY, et al., Plaintiffs-Appellants, v. HOPKINS HARDWOODS, INC., et al., Defendants-Appellees. Additional Party Names: Donald Hayes, Jimmy Speaks, Robert Christ, No. 18-5379, 2019 WL 1752608 (6th Cir. Apr. 17, 2019) The Landowners argue that Timber Company fraudulently induced them to sell timber rights for $2.2 million, rather than $3.5 million, by falsifying the estimate of available timber as only 5 million board feet, rather than the actual 7 million. The district court found the Landowner’s reliance on the falsified estimate as unreasonable.
The sixth circuit affirmed the ruling of the district court, that it was not fraud.
Notice: Food and Nutrition Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is an extension, without change, of a currently approved collection to collect qualitative customer and stakeholder feedback in an efficient and timely manner. The Food and Nutrition Service created this generic information collection in 2016 as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. Info HERE
Final rule: Animal and Plant Health Inspection Service, USDA; We are amending the Phytophthora ramorum regulations to remove regulated areas for P. ramorum from the regulations, as well as all regulatory requirements specific to such areas. We are revising the inspection and sampling requirements for certain nurseries that are in areas quarantined for P. ramorum and that ship regulated nursery stock interstate to have them take into consideration additional potential sources of P. ramorum inoculum at the nurseries. Finally, we are establishing conditions under which we would regulate nurseries located outside of the quarantined areas for P. ramorum, if sources of P. ramoruminoculum are detected at those nurseries and the nurseries ship certain articles interstate. These changes will provide regulatory relief to nurseries in areas that are regulated for P. ramorum, while also ensuring that nurseries that may pose a risk of disseminating P. ramorum through the interstate movement of regulated nursery stock are subject to measures that address this risk. Info HERE
Referendum order: Agricultural Marketing Service, USDA; This document directs that a referendum be conducted among eligible cranberry producers to determine whether they favor continuance of the marketing order regulating the handling of cranberries grown in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. Info HERE
Final rule: Agricultural Marketing Service, USDA; This rule implements a recommendation from the Citrus Administrative Committee (Committee) to revise the grade and size requirements currently prescribed under the marketing order for oranges, grapefruit, tangerines, and pummelos grown in Florida. This rule removes the grade and size requirements for Ambersweet and Temple oranges, and simplifies the tables outlining the grade and size requirements for interstate and export shipments. A corresponding change will be made to the grapefruit import regulation as required under section 8e of the Agricultural Marketing Agreement Act of 1937. Info HERE
Notice of filing of petitions and request for comment: Environmental Protection Agency (EPA); This document announces the Agency’s receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. Info HERE
Proposed rule: Environmental Protection Agency (EPA); EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 11 chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 11 chemical substances for an activity that is designated as a significant new use by this proposed rule. If this proposed rule is made final, persons may not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any actions as are required as a result of that determination. Info HERE
Notice: Environmental Protection Agency (EPA); Pursuant to the Federal Advisory Committee Act, the Environmental Protection Agency’s (EPA’s) Office of Pesticide Programs is announcing a public meeting of the Pesticide Program Dialogue Committee (PPDC) on Wednesday, May 8, 2019 from 9 a.m. to 5 p.m., and Thursday, May 9, 2019 from 9 a.m. to 12 noon. This meeting provides advice and recommendations to the EPA Administrator on issues associated with pesticide regulatory development and reform initiatives, evolving public policy and program implementation issues, and science issues associated with evaluating and reducing risks from use of pesticides. Info HERE
Notice of intent: Agricultural Research Service, USDA; Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to KIM-C1, LLC of Fresno, California an exclusive license to U.S. Patent No. 7,634,870, “CYTOKININ ENHANCEMENT OF COTTON,” issued on December 22, 2009. Info HERE
Notice of intent: Agricultural Research Service, USDA; Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Huvepharma EOOD of Sofia, Bulgaria, an exclusive license for an experimental African Swine Fever vaccine claimed in U.S. Patent No. 9,463,234, “ATTENUATED AFRICAN SWINE FEVER VIRUS STRAIN INDUCES PROTECTION AGAINST CHALLENGE WITH HOMOLOGOUS VIRULENT PARENTAL VIRUS GEORGIA 2007 ISOLATE”, issued on October 11, 2016. Info HERE