A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL:
In GLENN–COLUSA IRRIGATION DISTRICT, et al., Plaintiffs, v. The UNITED STATES, Defendant, No. 15–1572C, 2016 WL 7406447 (Fed. Cl. Dec. 22, 2016), an irrigation district sued the United States pursuant to the Tucker Act, alleging Army Corps of Engineers breached a cost-sharing agreement under which the Corps was to “use funds provided by irrigation district to construct a riverbed gradient facility project.” Government moved to dismiss for lack of subject matter jurisdiction. Court held Flood Control Act, which governed the agreement, divested the court of Tucker Act jurisdiction. Defendant’s motion to dismiss granted.
TOWN OF BOONE, Plaintiff v. STATE OF NORTH CAROLINA, Defendant, COUNTY OF WATAUGA, Intervenor-Defendant, No. 93A15-2, 2016 WL 7422420 (N.C. Dec. 21, 2016) concerned whether a General Assembly “may withdraw the previous extension of a town’s jurisdiction beyond its corporate limits and return governance to the county.” A three-judge panel found “the revocation of [plainitff’s] power of extraterritorial jurisdiction . . . is unconstitutional.” Defendant claimed the legislature “delegates to municipalities the authority to govern a particular territory and retains plenary power to modify the governance of that geographic territory.” Appellate court ruled the state constitution authorized the General Assembly to reduce plaintiff’s jurisdictional reach and concluded that removal of extraterritorial jurisdiction “falls squarely within the legislature’s general power.” Decision finding the Act unconstitutional reversed.
The People of the State of Illinois ex rel. Lisa Madigan, Attorney General of the State of Illinois, Plaintiff-Appellant, v. Lincoln, Ltd., an Illinois Corporation; John Einoder; Land of Lincoln Development Company, an Illinois Corporation; Donald P. Clarke; Leslie E. Clarke; and Vincent Cainkar, Defendants, (Land Of Lincoln Development Company, Donald P. Clarke, Leslie E. Clarke, and Vincent Cainkar, Defendants-Appellees; The Village of Ford Heights, an Illinois Municipal Corporation, Intervenor-Defendant), No. 1-14-3487, 2016 IL App (1st) 143487 (Ill. App. Ct. Dec. 22, 2016) concerned a 40-acre landfill that operated without a waste disposal permit from the Illinois Environmental Protection Agency (IEPA) and created a 70-foot mound of garbage. It was determined that the landfill materials required a permit and that the operators of the site, who were leasing the land, were liable for fines. Here, plaintiff argued that liability should be extended to the owners of the property and to an individual officer of the owner corporation. Court concluded that “as a landowner [defendant] can no longer claim that it has no responsibility to remedy the pollution on its property,” and further concluded that defendant “must also be held responsible for the waste that remains on its property to this day.”
REGULATORY: Includes USDA, AMS, FWS, FDA, GIPSA, ITA, and NOAA rules and notices.
AGRICULTURE DEPARTMENT: Notice USDA submitted information collection requirement(s) to OMB for review. Title: Rural Economic Development Loan and Grant Program. Info here.
AGRICULTURAL MARKETING SERVICE: Rule USDA adopts interim rule implementing a recommendation from the Administrative Committee for Pistachios to decrease the assessment rate established for pistachios grown in California, Arizona, and New Mexico for the 2016-2017 and subsequent production years from $0.0035 to $0.0010 per pound of assessed weight pistachios. Details here.
FISH AND WILDLIFE SERVICE:
Notice FWS seeks comment on applications for a permit to conduct activities intended to enhance survival of endangered or threatened species. Details here.
Notice FWS received an application from Monterey Park Retail Partners, LLC for a 5-year incidental take permit for the threatened coastal California gnatcatcher pursuant to the Endangered Species Act. Info here.
Notice FWS received an application from the San Diego Gas and Electric Company for an incidental take permit for 15 animal species pursuant to the Endangered Species Act. Details here.
FOOD AND DRUG ADMINISTRATION:
Rule FDA extends compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments. Info here.
Rule FDA reopens comment period for the notice of petition, published in the Federal Register of November 8, 2016, proposing food additive regulations be amended to provide for the safe use of poly as a nutrient protectant for methionine hydroxy analog in animal food for beef cattle, dairy cattle, and replacement dairy heifers. Details here.
Rule FDA extends the comment period for a docket to receive information and comments on the use of the term “healthy” in the labeling of human food products. Info here.
Notice FDA seeks comments on the information collection provisions of food labeling regulations and on Form FDA 3570, Model Small Business Nutrition Labeling Exemption Notice. Details here.
Notice announcing availability of a guidance for industry entitled “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.” Info here.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION: Rule GIPSA announces the fee schedule for official inspection and weighing services performed under the United States Grain Standards Act to comply with amendments to the USGSA made by the Agriculture Reauthorizations Act of 2015. Info here.
INTERNATIONAL TRADE ADMINISTRATION: Notice ITA initiates a new shipper review with respect to “Zhengzhou Yudi” in the context of the antidumping duty order on fresh garlic from China. Info here.
Notice ITA rescinds administrative review of the antidumping duty order on solid urea from the Russian Federation for the period of July 1, 2015 through June 30, 2016. Info here.
Notice that on November 1, 2016, Department of Commerce initiated sunset reviews of the antidumping duty orders on solid urea from the Russian Federation and Ukraine. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINIATRATION:
Rule NMFS received a request from the U.S. Navy for authorization to take marine mammals incidental to conducting waterfront construction at Naval Submarine Base Kings Bay, GA, over five years (2017-2022). Info here.
Rule NMFS issues regulations implementing Regulatory Amendment 1 for the Fishery Management Plan for the Dolphin and Wahoo Fishery off the Atlantic States. Info here.
Rule NMFS received a request from the Sonoma County Water Agency for authorization to take marine mammals incidental to Russian River estuary management activities in Sonoma County, California, over five years (2017-2022). Details here.
Notice NOAA requests an extension of a current information collection West Coast Region U.S.—Canada Albacore Treaty Reporting System. Details here.
Notice Department of Commerce will submit to OMB for clearance a proposal for collection of information. Title: American Lobster—Annual Trap Transfer Program. Details here.
Notice NMFS announces receipt of an exempted fishing permit application from the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Pacific Seafoods for an EFP Program to monitor salmon bycatch. Info here.