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 environmental, bankruptcy, and food labeling issues.

City of Key West, Appellant/Cross–Appellee, v. Key West Golf Club Homeowners’ Association, Inc., et al., Appellees/Cross–Appellants, No. 3D13–57, 2017 WL 384338 (Fla. Dist. Ct. App. Jan. 26, 2017) concerned whether a city’s stormwater utility fee was “reasonably based on the landholders’ relative contribution” to the city’s stormwater management system. City appealed trial court ruling that the utility fee was “arbitrary and discriminatory as applied because the landholders were nonusers or minimal users of the City’s stormwater services.” Landowners argued that because their stormwater is collected and treated via a “private stormwater system that discharges directly into the salt marsh, it never enters the City’s stormwater management system.” Court concluded landholders were “minimal users of the City’s stormwater infrastructure” and affirmed trial court ruling.

In re the Marriage of Angela Renee Johnston and Jeremy James Johnston Upon the Petition of Angela Renee Johnston, Petitioner-Appellant, And Concerning Jeremy James Johnston, Respondent-Appellee. No. 16-0107, 2017 WL 108414 (Iowa Ct. App. Jan. 11, 2017) involved a divorce and debt owed from a farming operation. Wife asserted husband was in contempt of a court order for not refinancing debts and paying her a portion of the proceeds from some corn sales. Trial court ruled for husband and wife appealed. Court noted that once bankruptcy action was dismissed, husband refinanced his debts made a “substantial payment” to wife. Appellate court found husband did not willfully violate court order and was “legally prevented from making any payments on the mortgage by the bankruptcy stay order.” Ruling that husband was not in contempt affirmed.

In In re 5-hour ENERGY Marketing and Sales Practices Litigation, Case No. MDL 13-2438 PSG, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017), plaintiff’s claim defendant engaged in “deceptive and unfair business practices” in marketing their “5-hour ENERGY” (5HE) product. Court considered “on-label” and “off-label” representations made by defendant after plaintiff stated product did not provide the benefits claimed. With respect to plaintiffs’ injuries, defendant argued plaintiffs “were not injured because they repeatedly purchased the product over several years.” Court observed that “repeat purchases do not necessarily mean that consumers were ‘satisfied’ and not injured by the product.” Court concluded that, “The question of whether 5HE is effective raises a genuine dispute of fact that is destined for resolution by the trier of fact, and not the Court at summary judgment.” Defendant’s motion for summary judgment on injury claim denied.

LEGISLATIVE:

H.R. 717: To amend the Endangered Species Act of 1973 to require review of the economic cost of adding a species to the list of endangered species or threatened species. Bill referred to the House Committee on Natural Resources. Sponsor: Rep. Pete Olson [R-TX22].

H.J.Res. 35: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures.” This resolution was referred to the House Committee on Natural Resources. Sponsor: Rep. Don Young [R-AK0].