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

JUDICIAL: Includes forestry, food labeling, and labor issues.

CONSERVATION CONGRESS, a non- profit organization, Plaintiff, v. UNITED STATES FOREST SERVICE and UNITED STATES FISH AND WILDLIFE SERVICE, Defendants, No. 2:16-cv-00864-MCE-AC, 2018 WL 529484 (E.D. Cal. January 23, 2018) concerned a fuels reduction project in the Modoc National Forest. Plaintiff sought to enjoin implementation of the project “based on flaws in the administrative proceedings that approved it.” Here, third parties filed motion to intervene as defendant-intervenors, claiming interest in “forest health, timber supply, and local employment that would benefit from” the project. Court considered proposed intervenors’ “economic interest” in the project and observed that “[b]ecause either implementation or cessation of the Project will have an effect on the timber supply available from Medoc, [intervenors] will necessarily be impacted.” Motion to intervene granted.

In MAKINDE PECANHA, et al., Plaintiffs, v. THE HAIN CELESTIAL GROUP, INC., et al., Defendants, No. 17-cv-04517-EMC, 2018 WL 534299 (N.D. Cal. January 24, 2018), plaintiffs alleged false advertising and breach of warranty based on Defendants’ marketing of their deodorant products as “Naturally Fresh” and “Pure Natural” despite containing synthetic ingredients. Defendants moved to dismiss based on primary jurisdiction of the Food and Drug Administration (FDA). Defendants argued there is “ongoing FDA regulatory review of the meaning of the word natural,” but admitted this case involves the “personal care/cosmetics industry and not the food industry.” Defendants further claimed “many of the ingredients challenged in ‘all natural’ food cases are also used in personal care products.” Court denied motion to dismiss and found that defendants “point to no specific FDA action reasonably anticipated in the near future which warrants delaying this case.”

BEATRIZ ALDAPA and ELMER AVALOS, on behalf of themselves and others similarly situated, Plaintiffs, v. FOWLER PACKING COMPANY, INC., a California corporation; AG FORCE LLC, a California limited liability company; FOWLER MARKETING INTERNATIONAL LLC, a California limited liability company; and DOES 1–10, Defendants, No. 1:15-cv-00420-DAD-SAB, 2018 WL 534039 (E.D. Cal. January 24, 2018) involved a class action by a group of farm workers over wages. Plaintiffs sought to certify one main class and 13 sub-classes. The named plaintiffs no longer work for the defendants and conceded that “an employee typically does not have standing to seek injunctive relief against a former employer.” However, plaintiffs maintained that the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) “allows anyone ‘aggrieved’ by the employer’s failure to discharge its lawful responsibilities to bring suit, even non-employees.” Court observed that “neither named plaintiff has worked for defendants in multiple years, nor do they show any sign of returning to defendants’ employment.” Court concluded plaintiffs presented “no persuasive argument that the AWPA expands standing sufficiently to afford them the opportunity to seek injunctive relief here.” Class certification granted in part.

LEGISLATIVE:

S. 1395: A bill to revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Delaware. Passed Senate without amendment by Unanimous Consent.

S. 2337: A bill to provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado. Text is now available.

H.R. 4266: Acadia National Park Boundary Clarification Act. Text for status Reported by House Committee (Jan 25, 2018) is now available.

H.R. 4264: Hyde Park Land Conveyance Act. Text for status Reported by House Committee (Jan 25, 2018) is now available.

H.R. 4880: To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Delaware. Referred to the House Committee on Natural Resources

S. 2346: A bill to establish an innovative water infrastructure workforce development program. Referred to the Senate Committee on Environment and Public Works.

H.R. 4879: To prevent States and local jurisdictions from interfering with the production and distribution of agricultural products in interstate or foreign commerce. Referred to the House Committee on Agriculture and House Committee on the Judiciary.

S. 2339: A bill to amend title 31, United States Code, to provide for automatic continuing resolutions. Referred to the Senate Committee on Appropriations.

H.R. 4883: To provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado. Referred to the House Committee on Natural Resources which will consider it before sending it to the House floor for consideration.

H.R. 4877: Making appropriations for the Department of Defense for the fiscal year ending September 30, 2018. Referred to the House Committee on Appropriations and House Committee on the Budget.

REGULATORY: Includes APHIS, EPA, FWS, FNS, NIFA, and NOAA rules and notices.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE:

Notice announces APHIS’s intention to request a reinstatement of approval of an information collection associated with the regulations to prevent the introduction or spread of foreign plants pests and diseases into or within the United States. Info here.

Notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the Virus-Serum-Toxin Act and regulations. Info here.

ENVIRONMENTAL PROTECTION AGENCY:

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

Rule EPA is revising the format for materials submitted by the Commonwealth of Massachusetts that are incorporated by reference (IBR) into the Massachusetts State Implementation Plan. Details here.

Rule finalizing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Off-Site Waste and Recovery Operations. Details here.

Rule EPA is proposing to fully approve the Limited Maintenance Plan, submitted by the State of Wyoming to the EPA on June 2, 2017, for the Sheridan moderate PM<INF>10</INF> nonattainment area and concurrently redesignate the Sheridan NAA to attainment of the National Ambient Air Quality Standard for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. Info here.

FISH AND WILDLIFE SERVICE: Notice FWS seeks comment on applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. Info here.

FOOD AND NUTRITION SERVICE: Notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. Details here.

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE: Notice NIFA publishes notice on behalf of the Interagency Working Group on Aquaculture (IWGA) of the Committee on Science of the National Science and Technology Council to announce a public meeting of this group. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Notice NOAA invites comment on proposed and/or continuing information collections. Title: Weather Modification Activities Reports. Details here.

Notice NOAA invites comment on proposed and/or continuing information collections. Title: Western Pacific Community Development Program Process Info. here.

Notice NMFS announces its intent to conduct 5-year reviews for the endangered fin whale, the endangered gray whale Western North Pacific distinct population segment (DPS), and the endangered sei whale. Info here.

Notice NOAA is soliciting nominations for two individuals to serve as U.S. Commissioners to the IPHC. Details here.