JUDICIAL:

DICKINSON FROZEN FOODS, INC., an Idaho corporation, Plaintiff-Appellant, v. J.R. SIMPLOT COMPANY, a Nevada corporation; THOMPSON COBURN, LLP, a Missouri limited liability partnership; YARMUTH WILSDON, PLLC, a Washington professional limited liability company; & MARK MC KELLAR, an individual, Defendants-Respondents, & JOHN DOE 1-X, unknown individuals & entitites, Defendants., No. 45580, 2019 WL 1760350 (Idaho Apr. 22, 2019)

In December 2016, Simplot filed the Washington litigation related to the dissolution of a business relationship between Simplot and two companies owned by Frank Tiegs. Simplot co-owned two food processing businesses, Pasco Processing, LLC (Pasco), and Gem State Processing, LLC (Gem State). The other co-owner of Pasco was the Washington Potato Company (WPC), and the other co-owner of Gem State was the Oregon Potato Company (OPC). Tiegs is the principal owner of both WPC and OPC, and WPC and OPC are the managers of Pasco and Gem State. Simplot contended WPC, OPC, and Tiegs had mismanaged Pasco and Gem State, and thus Simplot filed the Washington litigation.

W. Watersheds Project v. Grimm, No. 18-35075, 2019 WL 1770047 (9th Cir. Apr. 23, 2019) Conservationist Plaintiffs brought this action to enjoin the federal government’s participation in the killing of gray wolves in Idaho pending additional analysis under the National Environmental Policy Act of 1969 (“NEPA”). Plaintiffs allege that Defendants Grimm and Wildlife Services (together, “Wildlife Services”), a component of the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (“APHIS”), violated NEPA by failing to prepare an Environmental Impact Statement (“EIS”) on their wolf management activities in Idaho. The district court dismissed Plaintiffs’ action for lack of Article III standing, holding that Plaintiffs had not shown that their injuries were redressable because Idaho could engage in the same lethal wolf management operations without the help of the federal government. Plaintiffs appeal. The court reversed and remanded.
Friends of Animals v. United States Envtl. Prot. Agency, No. 2:17-CV-1410-SI, 2019 WL 1776958 (D. Or. Apr. 23, 2019)

Plaintiff, Friends of Animals, seeks judicial review of the EPA’s denial of its request to initiate a Special Review of a pesticide registered with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). After hearing from the parties on cross-motions for summary judgment, United States Magistrate Judge Patricia Sullivan issued her Findings and Recommendation (“F&R”). Judge Sullivan concluded that the EPA’s decision not to initiate a Special Review was not subject to judicial review and dismissed the case for want of jurisdiction. After de novo review1, the Court rejects the F&R and concludes that the Court does have jurisdiction over Plaintiff’s case. The Court remands the case to Judge Sullivan for a recommendation on the merits of the cross-motions for summary judgment.

REGULATORY:
Notice; request for comment: Forest Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information Info HERE

Reinstatement of an information collection; comment request: Animal and Plant Health Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request the reinstatement of an information collection to conduct the National Animal Health Monitoring System’s Swine 2020 Study. Info HERE

Notice: Request for information: Agricultural Marketing Service, USDA; The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA), is soliciting comments on the feasibility of establishing a livestock dealer statutory trust. Info HERE

Notice and request for comments: Office of the Chief Financial Officer, USDA; In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Office of the Chief Financial Officer intention to request an extension and revision of a currently approved collection. Info HERE

Proposed rule.: Agricultural Marketing Service, USDA; This proposed rule would implement a recommendation from the Florida Tomato Committee (Committee) to redistrict and reapportion producer representation on the Committee currently prescribed under the marketing order for tomatoes grown in Florida. This action would reduce the number of districts from four to two and reapportion producer membership on the Committee to provide equitable representation from both districts. Info HERE

Proposed rule: Agricultural Marketing Service, USDA; This proposed rule would implement a recommendation from the California Olive Committee (Committee) to increase the assessment rate established for the 2019 fiscal year and subsequent fiscal years. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. Info HERE

Final rule: Agricultural Marketing Service, USDA: This rule reallocates the membership of the Mushroom Council (Council) under the Agricultural Marketing Service’s (AMS) regulations regarding a national research and promotion program for mushrooms. The Council administers the regulations with oversight by the U.S. Department of Agriculture (USDA). This rule was recommended by the Council after a review of the geographic distribution of the volume of mushroom production throughout the United States and the volume of imports. This rule revises the number of Council members in two of the four geographic regions under the program. This action is necessary to provide for equitable representation of producers and importers on the Council. Info HERE

Final rule: Agricultural Marketing Service, USDA.; This rule implements a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to increase the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2018-2019 marketing year. The Committee recommended this action to ensure that the Native spearmint oil market is adequately supplied through the end of the current marketing year. Info HERE

Notice and request for comments: Office of the Chief Financial Officer, USDA; In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Office of the Chief Financial Officer intention to request an extension and revision of a currently approved collection. Info HERE

Notice; announcement of opening date for Rural e-Connectivity Pilot Program application windows; The Rural Utilities Service (RUS) announced its general policy and application procedures for funding under the eConnectivity Pilot Program (ReConnect Program) in a Funding Opportunity Announcement (FOA) and solicitation of applications on December 14, 2018 in the Federal Register and amended the application window closing dates in a notice published on February 25, 2019 in the Federal Register. The Reconnect Program will provide loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas. This Notice announces the opening date for the ReConnect Program application windows. Info HERE

Notice of collection and comments: Rural Housing Service (RHS), and Rural Business-Cooperative Service (RBS), USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the above-named Agencies to request an extension for a currently approved information collection in support of debt settlement of Community Facilities and Direct Business Program Loans and Grants. Info HERE

Notice of solicitation of applications; amendment: Rural Business-Cooperative Service, USDA; The Rural Business-Cooperative Service (the Agency) published a notice in the Federal Register on August 3, 2018, announcing the acceptance of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program for Fiscal Year (FY) 2019. The Agricultural Improvement Act of 2018 (2018 Farm Bill) provides funding for the program for FY 2019 and expands the eligible technology definition. This notice provides an amendment to Section III. Eligibility Information, subsection C. Eligible Projects, to include the definition. Info HERE

Notice and request for comments: Rural Business-Cooperative Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Rural Business-Cooperative Service (RBS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB). Info HERE

Notice of collection and comments: Rural Housing Service (RHS), and Rural Business-Cooperative Service (RBS), USDA;

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the above-named Agencies to request an extension for a currently approved information collection in support of debt settlement of Community Facilities and Direct Business Program Loans and Grants. 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 AGROSOURCE, INC. of Tequesta, Florida, an exclusive license to U.S. Patent No. 9,629,362, “METHODS FOR KILLING INSECTS USING METHYL BENZOATE,” issued on APRIL 25, 2017. Info HERE