LEGISLATIVE:
Dairy v. Harry Shelton Livestock, LLC, No. 18-CV-06357-RMI, 2019 WL 631493 (N.D. Cal. Feb. 14, 2019)
On October 17, 2018, Plaintiffs filed a complaint through which they claimed breach of contract, fraud, and negligence. Plaintiffs are a California Partnership (Miranda Dairy) whose partners (Tim and Dorice Miranda) are residents of Texas, as well as a Texas company (Grand Canyon Dairy, LLC); Defendants are a Tennessee company (Harry Shelton Livestock, LLC) (“Shelton Livestock”), and an individual resident of Tennessee (Harry Shelton). The Complaint alleges that Defendant Shelton Livestock breached the Parties’ verbal agreement wherein Plaintiffs and Defendant would exchange dairy cattle such that they could be raised in a specified fashion by Defendant in Tennessee, and then sent to Plaintiffs’ organic dairy farms in California and Texas. Plaintiffs claim that as a result of Defendant’s breach, as well as fraud and negligence, diseased cattle were introduced into Plaintiffs’ herds in California, causing widespread damage. Defendants motion was dismissed.
ATCHAFALAYA BASINKEEPER, ET AL. v. U.S. ARMY CORPS OF ENGINEERS. Additional Party Names: Delta Chapter, Gulf Restoration Network, Louisiana Crawfish Producers Ass’n-W., Sierra Club, Waterkeeper All., No. CV 18-23-SDD-EWD, 2019 WL 634697 (M.D. La. Feb. 11, 2019)
This matter arises out of the Corps’ issuance of a permit under Section 404 of the Clean Water Act (“CWA”), 33 U.S.C. § 1344, and Sections 10 and 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 403, 408, allowing Bayou Bridge to build a 162–mile crude oil pipeline from Lake Charles, Louisiana to terminals near St. James. Portions of the pipeline will cross the Atchafalaya Basin (the “Basin”), affecting wetlands. Plaintiffs motion for amended complaint is denied.

LEGISLATIVE:

H.R. 1238: To direct the Secretary of Agriculture to treat certain planted soybean crops as harvested commodity crops under the Market Facilitation Program Info HERE

H.R. 1218: To establish the American Fisheries Advisory Committee to assist in the awarding of fisheries research and development grants, and for other purposes. Info HERE

H.R. 1189: To repeal section 12616 of the Agriculture Improvement Act of 2018, and for other purposes. Info HERE

H.R. 1221: To amend the Department of Agriculture Reorganization Act of 1994 to reaffirm the authority of the Under Secretary of Agriculture for Research, Education, and Economics, and for other purposes. Info HERE

REGULATORY:

Proposed rule: Food and Nutrition Service (FNS), USDA; The Food and Nutrition Service (FNS) seeks to prevent firms authorized to participate in the Supplemental Nutrition Assistance Program (SNAP or the Program) from delaying administrative actions, such as disqualification or civil money penalties, through submission of Freedom of Information Act (FOIA) requests or appeals. As such, FNS is proposing that FOIA requests and FOIA appeals be processed separately from administrative actions FNS takes against retail food stores. This proposed rule would ensure that retail food stores can no longer use the FOIA process to delay FNS’ administrative actions to sanction a retail food store for SNAP violations. Info HERE

Final rule: Food and Nutrition Service (FNS), USDA; This final rule amends the SNAP regulations to update procedures for accessing SNAP benefits in drug addiction or alcoholic treatment centers (DAA treatment centers) and group living arrangements (GLAs) through electronic benefit transfer (EBT). The final rule implements the changes indicated in the proposed rule, but never finalized, regarding accessing SNAP benefits in these centers, but does not incorporate any of the substantive changes in the interim final rule regarding how benefits are returned to clients departing these centers due to adverse comments received on the interim final rule. This final rule also implements provisions of the Food, Conservation and Energy Act of 2008 regarding nomenclature changes to reflect the electronic issuance of benefits through EBT at these centers. RIN 0584-AE54 is a continuation of the prior rulemakings published under RIN 0584-AD87. 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 associated with regulations for permanent, privately owned horse quarantine facilities. 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 associated with the National Animal Health Reporting System. 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 associated with the Animal and Plant Health Inspection Service’s Student Outreach Program. Info HERE

Final rule; termination of order: Agricultural Marketing Service, USDA; This final rule terminates the Federal marketing order regulating the handling of Irish potatoes grown in Southeastern states (Order). The Order has been suspended, at the industry’s recommendation, since 2011. Because the industry has not petitioned to have the Order reactivated in accordance with the terms of the suspension, the Agricultural Marketing Service (AMS) is terminating the Order. Info HERE