REGULATORY:
Notice: Environmental Protection Agency (EPA); EPA is announcing the availability of documents and dates for the peer review of the draft risk evaluation for 1-Bromopropane (1-BP). The purpose of the risk evaluations under the Toxic Substances Control Act (TSCA) is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation. EPA is also submitting these same documents to the TSCA Science Advisory Committee on Chemicals (SACC) for peer review and is announcing that there will be a 3-day in-person meeting of the TSCA SACC to consider and review these draft risk evaluations. Preceding the in-person meeting, there will be a 3-hour preparatory virtual meeting for the panel to consider the scope and clarity of the draft charge questions for the peer reviews. Info HERE.

Notice: Environmental Protection Agency (EPA); EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Registerpertaining to submissions under TSCA Section 5, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 06/01/2019 to 06/30/2019. Info HERE

Notice: Environmental Protection Agency (EPA); Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from June 1, 2019 to June 30, 2019. Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation is effective August 12, 2019. Objections and requests for hearings must be received on or before October 11, 2019 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of propiconazole in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

Proposed rule; extension of comment period: Forest Service, USDA; On June 13, 2019, the U.S. Department of Agriculture, Forest Service (Agency) published a proposed rule to revise its National Environmental Policy Act (NEPA) regulations. The Agency is extending the comment period on the proposed rule, which was scheduled to close on August 12, 2019, for 14 days until August 26, 2019. Info HERE

Final rule: Forest Service, Agriculture; Fish and Wildlife Service, Interior; This final rule revises the regulations for seasons, harvest limits, and methods and means for the subsistence taking of fish in the Cook Inlet Area of Alaska. This action also reorganizes specific regulations addressing the Kenai River, which will provide clarity for the public, and allow the Federal Subsistence Board to correct regulatory conflicts that have arisen based on recent rulemaking. Info HERE

Final rule: Forest Service, Agriculture; Fish and Wildlife Service, Interior; This final rule revises the regulations for seasons, harvest limits, and methods and means for the subsistence taking of fish in the Cook Inlet Area of Alaska. This action also reorganizes specific regulations addressing the Kenai River, which will provide clarity for the public, and allow the Federal Subsistence Board to correct regulatory conflicts that have arisen based on recent rulemaking. Info HERE

Notice: Office of the Secretary, USDA; The U.S. Department of Agriculture today announced that sugar charged against the FY 2019 raw sugar tariff-rate quota (TRQ) will be permitted to enter U.S. Customs territory until October 15, 2019, two weeks later than usual, to provide more opportunity for supplying countries to fill their import quotas.  Additional U.S. Note 5(a)(iv) of Chapter 17 of the U.S. Harmonized Tariff Schedule provides: “(iv) Sugar entering the United States during a quota period established under this note may be charged to the previous or subsequent quota period with the written approval of the Secretary.” Pursuant to the Congressional Review Act, the Office of Information and Regulatory Affairs designated this rule as not a major rule. Info HERE

Notice: Food and Nutrition Service, USDA; This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2020 (July 1, 2019 through June 30, 2020) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP). Info HERE

Final rule: Forest Service, Agriculture; Fish and Wildlife Service, Interior; This final rule revises regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2019-2020 and 2020-2021 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rule also revises fish customary and traditional use determinations. Info HERE

Final rule: Forest Service, Agriculture; Fish and Wildlife Service, Interior; This final rule revises regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2019-2020 and 2020-2021 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rule also revises fish customary and traditional use determinations. Info HERE

Final rule: Food Safety and Inspection Service, USDA; The Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to eliminate prescriptive requirements governing the manufacture of uninspected products, such as pet food, in edible product areas of official establishments and to allow official establishments to manufacture such products outside the hours of inspection. These prescriptive regulations are no longer necessary and are inconsistent with the Hazard Analysis and Critical Control Point (HACCP) and sanitation regulations. Removal of these unnecessary provisions will provide establishments the flexibility to be innovative and operate in the most efficient, cost effective manner. Info HERE

Notice of a new system of records: Animal and Plant Health Inspection Service, USDA; The Animal and Plant Health Inspection Service proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the Agricultural Quarantine Activity System, USDA/APHIS-20. This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system which describes the “routine uses” of the system be published for comment, we invite comment on all portions of this notice. Info HERE

Notice: Animal and Plant Health Inspection Service, USDA; We are advising the public that we have added Vietnam to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We are taking this action because of the confirmation of ASF in Vietnam. Info HERE

Notice: Animal and Plant Health Inspection Service, USDA; We are advising the public that we have added Cambodia to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We are taking this action because of the confirmation of ASF in Cambodia. Info HERE

Revision to and extension of approval 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 a revision to and extension of approval of an information collection associated with regulations for the use of irradiation as a phytosanitary treatment of imported fruits and vegetables. Info HERE

Notice; correction: Agricultural Marketing Service, USDA; On April 30, 2019, the Agricultural Marketing Service (AMS) published a notice announcing the 2019 rates it will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, eggs, dairy products, and cotton and tobacco. This document makes corrections to the overtime and holiday rates charged to grade specialty crops. 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 assessment rate established for the 2019-2020 and subsequent marketing years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. Info HERE

Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to permitting the release of Sericothrips staphylinus for the biological control of gorse, a spiny shrub, within the contiguous United States. Based on the environmental assessment and other relevant data, we have reached a preliminary determination that the release of this control agent will not have a significant impact on the quality of the human environment. We are making the environmental assessment available to the public for review and comment. Info HERE

Final rule: Environmental Protection Agency (EPA); EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 145 chemical substances which are the subject of premanufacture notices (PMNs). The chemical substances are subject to Orders issued by EPA pursuant to section 5(e) of TSCA. This action requires persons who intend to manufacture (defined by statute to include import) or process any of these 145 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination. Info HERE

JUDICIAL:

Arreguin v. Sanchez, No. 2:18-CV-133, 2019 WL 3502536 (S.D. Ga. July 31, 2019); Before the Court is an Amended Motion for Default Judgment,  filed by Plaintiffs Julio Medina Arreguin, Juan Arellano Malagon, Eduardo Flores Maydon, Jose Ernesto Gomez Lopez, Maximino Juarez Sanchez, Jose Rolando Lopez Gomez, Cruz Luna Villela, Agustin Oviedo Olvera, Luis Patino Mendiola, Esgar Perez Flores, Asael Rodriquez Juarez, Miguel Sanchez Cervantes, Mario Silguero Reyes. Because Defendant Manuel Sanchez has been duly served with notice of this case and Plaintiffs’ Motion but has failed to respond or appear at all in this case, Plaintiffs’ Motion is ripe for review. For the following reasons, in accordance with the Court’s oral Order during the Default Judgment Hearing on July 25, 2019, Plaintiffs’ Motion was granted.
Cleveland v. United States Dep’t of Agric., No. 219CV01255APGNJK, 2019 WL 3767465 (D. Nev. Aug. 9, 2019)

Courts in this circuit have held that, to state a claim under the Equal Credit Opportunity Act, a plaintiff must allege that: (1) he is a member of a protected class; (2) he applied for credit with defendants; (3) he qualified for credit; and (4) he was denied credit despite being qualified. See Harvey v. Bank of Am., N.A., 906 F. Supp. 2d 982, 990-91 (N.D. Cal. 2012) (dismissing Plaintiff’s ECOA claim as insufficiently pled with leave to amend) (citation omitted); see also Evan v. Wells Fargo Home Mortgage, Inc., 2019 WL 1472102 (D. Nev. April 3, 2019).
*2 Here, Plaintiff alleges that Defendants violated the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq. (“ECOA”) when they failed to implement the USDA National Appeals Division Final Agency Decision as required under the Administrative Procedure Act. Docket No. 1-1 at 3-4. Plaintiff submits that he applied for financial assistance under the USDA Farm Service Agency (“FSA”) micro-loanprogram and, on August 20, 2015, the FSA Senior Loan Officer denied his loan application. Id. at 5. Plaintiff submits that, on September 14, 2015, he appealed the Agency’s decision to the USDA National Appeals Division (“NAD”) and, on March 1, 2016, the NAD Administrative Law Judge made a final determination that the FSA decision to deny his loan application was erroneous. Id. Plaintiff submits that after that, under direction of the FSA State Executive Director, the FSA failed to implement the NAD final determination. Id.Plaintiff submits that, on March 2, 2016, he was informed by the Farm Loan Chief that the agency would wait until the USDA Office of the Assistant Secretary for Civil Rights completed the discrimination complaint Plaintiff submitted. Id.
The Court finds that Plaintiff fails to plead the required elements of an ECOA claim. Plaintiff fails to demonstrate that he is a member of a protected class, that he was qualified for credit, and that he was denied credit despite being qualified. In light of the above, the complaint was dismissed without prejudice.