A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes CAA, food labeling, and food safety issues.
United States of America, et al., Plaintiffs, Blue Lake Rancheria Tribe, Plaintiff-Intervenor, v. Blue Lake Power, LLC, Defendant. No. 16-cv-00961-JD, 2017 WL 713145 (N.D. Cal. Feb. 23, 2017) involved a biomass-fired, electric generating plant. At issue was a proposed consent decree attempting to resolve the government’s claims against plaintiff (tribe) for Clean Air Act (CAA) violations. Tribe objected to emissions limits set by the consent decree and the court recognized the standard for reviewing a proposed consent decree is that it is “at least fundamentally fair, adequate and reasonable.” Court acknowledged Traibe’s proposed alternative systems, but determined the government adopted some of Tribe’s suggestions, including “moving up the required stack test so that it must be conducted earlier after the restart of the Facility.” Court ultimately found the decree “represents the result of compromise and the Court finds that the proposed monitoring parameters are not unreasonable.” Decree entered by court.
In Organic Consumers Association, et al., Plaintiffs, v. General Mills, Inc., Defendant, No. 1:16–cv–1921–ESH, 2017 WL 706168 (D.D.C. Feb. 22, 2017), plaintiff alleged defendant’s labeling and advertising of its “Nature Valley” granola products as “natural,” “healthy,” and “100% Natural,” violates the District of Columbia Consumer Protection Procedures Act, because the products contain glyphosate. Plaintiffs disputed defendant’s federal question jurisdiction claim and moved to remand the case to Superior Court. Defendant argued plaintiffs’ challenge to the term “natural” requires application of federal law because the FDA has an “informal policy” about what the term means. In considering the federal law issue, the court examined a number of factors raised in Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg. Court concluded plaintiffs’ claim “does not suffice under Grable to support federal question jurisdiction.” Plaintiffs’ motion to remand granted.
In COMPASSION OVER KILLING, a nonprofit organization; ANIMAL LEGAL DEFENSE FUND, a non-profit organization; ELIZABETH BARRETT; ANDREA BOCK; LINDA CALBREATH; JASON CANADA; JERI OPALK; HUMBERTO RETANA, Plaintiffs-Appellants, v. U.S. FOOD & DRUG ADMINISTRATION; MARGARET HAMBURG, M.D., Commissioner; AGRICULTURE MARKETING SERVICE; DAVID R. SHIPMAN, Administrator; FOOD SAFETY AND INSPECTION SERVICE; ALFRED V. ALMANZA, Administrator; FEDERAL TRADE COMMISSION; EDITH RAMIREZ, Chairwoman, Defendants-Appellees. No. 15-15107, 2017 WL 744053 (9th Cir. Feb. 27, 2017), plaintiffs submitted rulemaking petitions to Food and Drug Administration (FDA), Federal Trade Commission (FTC), Agricultural Marketing Service (AMS), and Food Safety and Inspection Service (FSIS), requesting the agencies promulgate regulations requiring “all egg cartons to identify the conditions in which the egg-laying hens were kept during production.” Each agency denied plaintiffs’ rulemaking petition. Plaintiffs initiated this lawsuit claiming the agencies “acted arbitrarily and capriciously in dismissing their rulemaking petitions.” District court found each agency acted reasonably in denying plaintiffs’ petitions and granted summary judgment for defendants. Court reasoned that, “Because the FDA is generally free to choose its procedural mode of administration and prioritize agency goals, we see no reason to remand the matter to the FDA.” District court ruling affirmed.
REGULATORY: Includes USDA, FWS and NOAA rules and notices.
AGRICULTURE DEPARTMENT: Notice USDA submitted information collection requirement(s) to OMB for review. Title: USDA Professional Standards Training Tracker Tool. Details here.
FISH AND WILDLIFE SERVICE: Notice FWS announces a public meeting of the Trinity River Adaptive Management Working Group. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Notice Department of Commerce will submit to OMB for clearance the following proposal for collection of information. Title: Marine Mammal Stranding Reports/Marine Mammal Rehabilitation Disposition Report/Human Interaction Data Sheet. Details here.
Notice that on January 13, 2017 NOAA published notice seeking comment on the joint draft environmental impact report and environmental impact statement analyzing effects on the physical and human environment related to a proposed reverse osmosis desalination facility project. The comment period is extended until March 29, 2017. Info here.