A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes pesticides, renewable energy, animal welfare and aquaculture issues.
IN RE: SYNGENTA AG MIR 162 CORN LITIGATION This Document Relates To: Louis Dreyfus Company Grains Merchandising LLC v. Syngenta AG, et al., No. 16-2788-JWL, MDL No. 2591, No. 14-md-2591-JWL, No. 16-2788-JWL, 2018 WL 489098 (D. Kan. January 19, 2018), concerned the tort action against Syngenta regarding the company’s Viptera brand corn seed containing genetically modified traits. Here, plaintiff (operator of a grain elevator) alleged violations of the Lanham Act and fraud by Syngenta. Syngenta moved to dismiss plaintiff’s claims. Plaintiff’s Lanham Act claims required a showing that alleged representations made by Syngenta “caused enough sales of Viptera to cause . . . trade disruption.” Court was not persuaded by plaintiff’s argument “particularly in the absence of specific allegations that sales of Viptera were such that the presence of MIR 162 from the 2011 season would not have caused the trade disruption.” Court dismissed plaintiff’s Lanham Act and fraud and negligence claims.
In HU HONUA BIOENERGY, LLC, a Delaware Limited Liability Company, Plaintiff, v. HAWAIIAN ELECTRIC INDUSTRIES, INC., a Hawaii Corporation; HAWAIIAN ELECTRIC COMPANY, a Hawaii Corporation; HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii Corporation; NEXTERA ENERGY, INC., a Florida Corporation; HAMAKUA ENERGY PARTNERS, L.P., a Hawaii Limited Partnership, Defendants, No. 16-00634 JMS-KJM, 2018 WL 491780 (D. Haw. 01/19/2018), plaintiff contracted with defendant to build an independent power plant run on biomass to supply energy to defendant in Hawaii. Due to labor issues, plaintiff failed to complete the facility on time. After negotiations to extend deadlines broke down, defendant cancelled the contract. Plaintiff sued, arguing defendant’s cancellation was an illegal conspiracy in violation of antitrust laws. The suit also alleged that defendant breached the contract by refusing to extend deadlines under the contract’s terms. Court found no evidence of inflated prices for power among the defendants and concluded there was no antitrust injury to plaintiff.
In PEOPLE FOR the ETHICAL TREATMENT OF ANIMALS, INC. et al., Plaintiffs, v. U.S. DEPARTMENT OF AGRICULTURE et al., Defendants, No. 17–cv–0269 (CRC), 2018 WL 466650 (D.C. January 18, 2018), USDA’s Animal and Plant Health Inspection Service (APHIS) agency removed documents from its website “concerning its inspection and licensing of animal research facilities.” Animal rights’ groups sued under the “reading room” provision of the Freedom of Information Act (FOIA), requiring federal agencies to “maintain copies of frequently requested records for public inspection in electronic format.” USDA moved to dismiss as APHIS reposted many of the documents on the website since the complaint was filed. Motion to dismiss granted.
In TURTLE ISLAND RESTORATION NETWORK; Center for Biological Diversity, Plaintiffs–Appellants, v. UNITED STATES DEPARTMENT OF COMMERCE; National Marine Fisheries Service; Wilbur L. Ross, in His Official Capacity as Secretary of Commerce; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Ryan Zinke, in His Official Capacity as Secretary of the Interior, Defendants–Appellees, and Hawaii Longline Association, Intervenor–Defendant–Appellee, No. 13-17123, 878 F.3d 725 (9th Cir. December 27, 2017), environmental groups objected to a National Marine Fisheries Service (NMFS) decision permitting a swordfish fishery to increase its fishing efforts, creating “unintentional deaths of endangered sea turtles.” The groups alleged violations of Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA). District court ruled for NMFS and environmental groups appealed. Appellate court considered a vast amount of evidence and concluded that the agency’s biological opinion (BiOp) “concluding that allowing fishery to increase fishing efforts would result in no jeopardy for loggerhead sea turtles was arbitrary and capricious.” The court also found the NMFS “was entitled to rely on climate-based population assessment model in formulating [its] BiOp.” Affirmed and reversed in part.
REGULATORY: Includes FNS and NOAA rules and notices.
FOOD AND NUTRITION SERVICE: Notice invites the general public and other public agencies to comment on a proposed information collection. Title: Supplemental Nutrition Assistance Program Waivers of Section 6(o) of the Food and Nutrition Act. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 feet length overall (LOA) using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). Info here.
Rule NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area. Details here.
Rule NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the Gulf of Alaska. Info here.
Rule for the 2018 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006. Info here