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

JUDICIAL: Includes agritourism, easement, and pesticides issues.

David HAMPTON, and wife, Mary D. Hampton, Petitioners, v. CUMBERLAND COUNTY, Respondent, No. COA16-704, 2017 WL 6001873 (N.C. Ct. App. December 5, 2017) concerned a county zoning ordinance pertaining to firing ranges constructed on property “without an approved site plan and permit.” Plaintiffs obtained a Farm Identification Number (FIN) from federal government prior to constructing a firing range on their property. County zoning board fined petitioners for violating a zoning ordinance, but superior court reversed zoning board. County appealed and appellate court determined the FIN did not “establish that operation of the ranges is a farm use exempt from zoning regulations.” Case vacated and remanded.

Community Services Associates, Inc., Appellant, v. Stephen H. Wall and Maria P. Snyder Wall, Respondents, No. 2015-001795, 2017 WL 6029047 (S.C. Ct. App. December 6, 2017) involved a dispute regarding the legality of respondent’s “bed and breakfast” arrangement. Appellant claimed respondents violated the association’s restrictive covenants and sought to permanently enjoin them “from renting out the first floor of their single-family residence while simultaneously occupying the upstairs guest suite.” Appellate court considered the explicit language of the covenants at issue and observed that “[A] restriction on the use of the property must be created in express terms or by plain and unmistakable implication, and all such restrictions are to be strictly construed, with all doubts resolved in favor of the free use of property.” Court ruled respondent’s bed and breakfast activities did not violate the association’s covenants and affirmed.

In MOOSIOS FARMS, INC., Plaintiff, Cross-defendant and Respondent, v. MOOSIOS RIVER RANCH et al., Defendants and Appellants; LOUIS R. MOOSIOS II et al., Defendants, Cross-complainants and Appellants, F074773, 2017 WL 6015359 (Cal. Ct. App. December 5, 2017), plaintiff owned a ranch and agreed to sell a few acres to a partnership owned by his son. Critically, the contract “conditioned the sale on a lot line adjustment including any easements required for ingress and egress to the balance of the ranch.” Unfortunately, when they recorded the deed, there was no mention of the easement. Plaintiff later filed suit to “to declare, and quiet title to, an easement across an existing roadway” on defendant’s parcel. Trial court found an “easement by implication” over the path in question because there was “open and obvious use of the ‘main road’ at the time of severance.” Appellants argued lower court “erred in construing the easement as an implied easement instead of an express easement by necessity.” Appellate court determined the elements of an implied easement existed and affirmed judgment.

In Pedro Luis RODRIGUEZ, Appellant, v. STATE of Florida, Appellee, No. 2D16–271, 2017 WL 6028091 (M.D. Fla. December 6, 2017), appellant was convicted of “dealing in stolen property” after appellant purchased herbicide from a farm employee during an undercover operation. State maintained appellant “trafficked by using the herbicide for a commercial farming project and thereby placing it ‘into the stream of commerce.’” Appellant argued there was no evidence he had “trafficked” in the herbicide. Appellate court observed that appellant, by using the herbicide on weeds on his own farm, “put the stolen herbicide to the ‘normal use of consumption.’” Court ruled State “failed to prove a prima facie case of dealing in stolen property,” and reversed the conviction.

LEGISLATIVE:

S. 1223: Klamath Tribe Judgment Fund Repeal Act. Bill’s text for status Reported by Senate Committee (Dec 5, 2017) is now available.

S. 140: A bill to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund. Bill’s text for status Reported by House Committee (Dec 6, 2017) is now available.

S. 1870: SURVIVE Act. Committees assigned to this bill sent it to the House or Senate as a whole for consideration on December 6, 2017.

H.R. 1800: To direct the Secretary of Agriculture to transfer certain Federal land to facilitate scientific research supporting Federal space and defense programs. Bill’s text for status Reported by House Committee (Dec 6, 2017) is now available.

H.R. 4558: To provide greater conservation, recreation, economic development and local management of Federal lands in Garfield and Kane Counties, Utah. Bill referred to the House Committee on Natural Resources.

H.R. 4568: To amend the Geothermal Steam Act of 1970 to promote timely exploration for geothermal resources under geothermal leases. Bill referred to the House Committee on Natural Resources.

REGULATORY: Includes EPA, FWS, FSA, FNS, and ITA rules and notices.

ENVIRONMENTAL PROTECTION AGENCY:

Rule EPA is updating the materials that are incorporated by reference (IBR) into the Alaska State Implementation Plan (SIP). Info here.

Rule EPA is approving a state implementation plan (SIP) revision submitted by the State of Delaware. Info here.

Rule establishes tolerances for residues of indoxacarb in or on corn, field, forage; corn, field, stover; corn, field, grain. Details here.

Rule establishes tolerances for residues of sedaxane in or on grain, cereal, forage, fodder and straw, group 16; grain, cereal, group 15; peanut; and peanut, hay. Details here.

Rule establishes a tolerance for residues of ziram in or on hazelnut. United Phosphorus, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info here.

FISH AND WILDLIFE SERVICE:

Notice FWS will renew an information collection with revisions. Title: Depredation Orders. Details here.

Notice FWS issued permits to conduct activities with endangered and threatened species under the authority of the Endangered Species Act. Details here.

FARM SERVICE AGENCY: Notice FSA is requesting comments from all interested individuals and organizations on an extension with a revision of currently approved information collection associated with the Emergency Conservation Program (ECP) and Biomass Crop Assistance Program. Info here.

FOOD AND NUTRITION SERVICE: Notice invites the general public and other public agencies to comment on this proposed information collection. Title: Supplemental Nutrition Assistance Pre-Screening Tool. Details here.

INTERNATIONAL TRADE ADMINISTRATION:

Notice that on August 7, 2017, ITA published in the Federal Register the preliminary results of the administrative review of the antidumping duty (AD) order on monosodium glutamate (MSG) from the People’s Republic of China (PRC) covering the period of review (POR) November 1, 2015, through October 31, 2016. Details here.

Notice ITA is postponing the deadline for issuing the final determinations in the less-than-fair-value (LTFV) investigations of biodiesel from Argentina and Indonesia until February 15, 2018, and is extending the provisional measures from a four-month period to a period of not more than six months. Info here.