A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
ANNOUNCEMENT: Join us Thursday, January 19 at 12 noon (ET) for a free webinar: Major Market Approval and the Syngenta China Corn Class Action. Details and sign-in information here.
JUDICIAL: Includes environmental, procedural, land use, and pesticide issues.
C.L. “Butch” Otter, in his official Capacity as Governor of the State of Idaho, et al., Plaintiffs, v. S.M.R. Jewell, in her official Capacity as Secretary of the United States Department of the Interior, et al., Federal Defendants Wilderness Society, et al., Intervenor-Defendants, Case No. 15–cv–1566 (EGS), 2017 WL 61924 (D.D.C. Jan. 5, 2017) involved court-approved agreements between environmental groups and Fish and Wildlife Service (FWS) settling multi-district litigation. Idaho submitted an alternative plan for consideration by BLM and the Forest Service, but it was not adopted. Plaintiff (Governor of Idaho) sought to vacate the land use plan amendment and Environmental Impact Statement (EIS) for the Idaho and Southwestern Montana sub-region as contrary to the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the National Forest Management Act (NFMA). Plaintiff argued their injuries included “spillover effects of federal management onto surrounding state—and privately—owned lands . . . lost state revenue from bonuses and royalties from oil and gas production on federal land . . . and an increase in the risk of wildfires on federal land, which will spread to adjacent state land.” Court found that plaintiffs suffered no “injury-in-fact” and no injury to “state sovereignty” and denied plaintiff’s motion for summary judgment.
In Imholte Farms Partnership, Respondent, v. John Kerwin, et al., Appellants, A16-0542, 2017 WL 74375 (Minn. Ct. App. Jan. 9, 2017), defendant’s cattle wandered into and damaged plaintiff’s cornfield and parties attempted to settle, but could not reach agreement. Defendant asked district court to enforce the attempted settlement two weeks before trial and on day of trial tried to serve a settlement-enforcement summary-judgment motion on plaintiff. District court denied the motion as untimely and jury heard the the case and ruled for plaintiff. Defendant conceded his motion was untimely and identified no “reversible error.” Decision for plaintiff affirmed.
In Edward S. CLISH and Allison L. Clish, Plaintiffs, v. Steven E. PARADISE and Helen M. Paradise, Defendants, No. 14 MISC 488722(GHP), 2017 WL 72055 (D. Mass. Jan. 9, 2017), plaintiffs claimed defendants operated a commercial dog breeding business in violation of restrictions in defendants’ deed limiting property to residential use. Court considered whether applicable statute allowed plaintiffs to obtain injunctive relief for violation of the restrictive covenants, “given that Plaintiffs and their land are not expressly identified in the seminal deeds as holding the benefit of those restrictions.” Court found that plaintiffs’ land was an “intended beneficiary” of the restrictions in the deed and plaintiffs’ land is “actually and substantially benefitted by the restrictions.”
In Keller Farms, Inc., Plaintiff, v. McGarity Flying Service, LLC, et al., Defendants, Case No. 1:16CV265 ACL, 2017 WL 76904 (E.D. Mo. Jan. 9, 2017), plaintiff operated farmland and hired defendant to apply herbicide on part of the land. Plaintiff alleged that during application, pesticides drifted onto other parts of the property damaging wheat crops and trees. Defendant claimed plaintiff’s complaint should be dismissed for failing to specify which herbicide damaged which crop. Court noted that plaintiff’s complaint identified date crops were sprayed, the chemicals that allegedly drifted, and provided letters from State of Missouri “citing the Defendants for their improper use of herbicides.” Defendant’s motion to dismiss denied.
REGULATORY: Includes FWS and NOAA rules and notices.
FISH AND WILDLIFE SERVICE:
Rule FWS determine endangered species status under the Endangered Species Act for the rusty patched bumble bee. Details here.
Notice FWS will ask OMB to approve the information collection that includes requirements associated with oil and gas industry activities and their incidental taking of polar bears and Pacific walruses. Details here.
Notice FWS announces availability of our finding of no significant impact and final environmental assessment for the Marianas Trench Marine National Monument Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands. Info here.
Notice that FWS and the State of New York Department of Environmental Conservation agreed on a proposed settlement with Atlantic Richfield Company regarding natural resource damages arising from environmental contamination at the Sinclair Refinery Superfund Site. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS makes technical amendments to regulations for Atlantic highly migratory species. Info here.
Notice NMFS invites comment on proposed information collections regarding reporting requirements for the ocean salmon fishery off the coasts of Washington, Oregon, and California. Info here.
Notice NMFS invites comment on proposed information collections regarding reporting requirements for the vessel monitoring system requirements in Western Pacific Fisheries. Info here.
Notice NMFS has drafted guidelines for marine mammal response in northern Alaska entitled “Arctic Marine Mammal Disaster Response Guidelines.” Details here.
Notice that the Northwest Indian Fisheries Commission has submitted a Tribal Resource Management Plan for NMFS to evaluate. Details here.
Notice responding to Section 209 of the Sea Grant Program Improvement Act requiring Secretary of Commerce to solicit nominations for membership on the National Sea Grant Advisory Board. Details here.