JUDICIAL:

In re Spiech Farms, LLC, No. GK 17-05398-JTG, 2019 WL 2913270 (Bankr. W.D. Mich. July 3, 2019)
This dispute requires the court to consider the following issues: (i) whether the Plaintiffs violated section 362(a)(3) by asserting causes of action in the Southern District of Georgia that constitute property of the Debtor’s estate; (ii) whether the Plaintiffs have collaterally attacked this court’s decision denying Produce Pay the status of a PACA trust beneficiary; and (iii) whether the Plaintiffs should be held in contempt and sanctioned under section 105(a).

In Re: Wayne Glenn Holland & Misty Jo Holland, Debtors., No. BR 18-40986-JMM, 2019 WL 2895278 (Bankr. D. Idaho July 3, 2019)
On October 27, 2018, debtors Wayne Glenn Holland and Misty Jo Holland (“Debtors”) filed a chapter 12 petition.  On March 22, 2019, they filed an amended chapter 12 plan, Ex. 100 (the “Plan”). A supplement to the Plan was filed on April 3, 2019.  Objections to the Plan as proposed were filed, and stipulations were subsequently entered which modified the Plan, resolving the objections of creditors Diversified and Farm Service Agency. Only the objections of creditor Bank of Idaho (“BOI”) remain. The Plan then came before the Court on confirmation.
The Court conducted an evidentiary hearing regarding confirmation on April 23, 2019.  Post-hearing briefing was submitted,  and the matter was thereafter deemed under advisement.
After considering the briefing, exhibits, and testimony presented, as well as the applicable law, the Court hereby resolves the issues surrounding confirmation. Fed. R. Bankr. P. 7052; 9014.
REGULATORY:
Notice of intent to prepare an environmental impact statement: Forest Service, USDA.; The USDA Forest Service will prepare an environmental impact statement (EIS) to disclose the environmental effects of watershed and fisheries restoration, upland restoration activities, unique habitat restoration, hazardous fuels buffer treatments, prescribed burning and unplanned ignitions, road activities, and recreation system changes in the Austin planning area. The Forest Service identified the potential need for a project-specific Forest Plan amendment. This notice identifies the Planning Rule provisions likely to be directly related to the plan amendments. Info HERE
Notice and request for comments: National Institute of Food and Agriculture, USDA; In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations that implement the Paperwork Reduction Act of 1995, this notice announces the National Institute of Food and Agriculture’s (NIFA) intention to request approval to renew an information collection and record keeping requirement for the Veterinary Medical Loan Repayment Program (VMLRP). Info HERE
Notice: Rural Housing Service, USDA; The Rural Housing Service (RHS) announces the timeframe to submit pre-applications for Section 514 Farm Labor Housing (FLH) loans and Section 516 FLH grants for the construction of new off-farm FLH units and related facilities for domestic farm laborers and for the purchase and substantial rehabilitation of non-FLH property. The intended purpose of the loans and grants is to increase the number of available housing units for domestic farm laborers. This Notice describes the method used to distribute funds, the application process, and submission requirements. Info HERE
Notice: Animal and Plant Health Inspection Service, USDA; We are advising the public that we added Bulgaria to the list of regions that the Animal and Plant Health Inspection Service considers to be affected by highly pathogenic avian influenza (HPAI). This action follows our imposition of HPAI-related restrictions on avian commodities originating from or transiting Bulgaria as a result of the confirmation of HPAI in Bulgaria. Info HERE
Notice of meeting: Forest Service, USDA; The Sabine-Angelina Resource Advisory Committee (RAC) will meet in Hemphill, Texas. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. Info HERE
Final rule: Office of Procurement and Property Management, USDA; The U.S. Department of Agriculture (USDA) is amending the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections that will designate the product categories within which biobased products would be afforded procurement preference by Federal agencies and their contractors. These 30 product categories contain finished products that are made, in large part, from intermediate ingredients that have been designated for Federal procurement preference. Additionally, USDA is amending the existing designated product categories of general purpose de-icers, firearm lubricants, laundry products, and water clarifying agents. Info HERE
Final rule: Agricultural Marketing Service, USDA; This rule changes the membership and nomination procedures of the Paper and Packaging Board (Board). The Paper and Paper-Based Packaging Promotion, Research and Information Order (Order) is administered by the Board with oversight by the U.S. Department of Agriculture (USDA). This rule also makes administrative changes to other provisions of the Order. Info HERE
Notice: Food and Nutrition Service (FNS), USDA;

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and public agencies to comment on this proposed information collection for the Modernizing Channels of Communication with SNAP Participants study. This is a new information collection.The primary purpose of the study is to highlight best practices and lessons learned from various mobile communication strategies (MCS) implemented by State Supplemental Nutrition Assistance Program (SNAP) agencies. This examination will help FNS and States improve communication and identify best practices that lead to improved program outcomes.  Info HERE

Notice: Office of Trade and Foreign Agricultural Affairs (TFAA), U.S. Codex Office, USDA; This notice informs the public of the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (Codex), in accordance with section 491 of the Trade Agreements Act of 1979, as amended, and the Uruguay Round Agreements Act. This notice also provides a list of other standard-setting activities of Codex, including commodity standards, guidelines, codes of practice, and revised texts. This notice, which covers Codex activities during the time periods from July 20, 2018 to June 21, 2019 and June 21, 2019 to May 31, 2020, seeks comments on standards under consideration and recommendations for new standards. Info HERE

Notice of meeting: Research, Education, and Economics, USDA; In accordance with the Federal Advisory Committee Act, Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, and the Agriculture Improvement Act of 2018, the United States Department of Agriculture (USDA) announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board. Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of fluopyram in or on cranberry; lentil, dry seed; and pea, dry seed. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of valifenalate in or on bulb vegetable crop group 3-07, celery, cucurbit vegetables crop group 9, fruiting vegetables crop group 8-10, potato, potato-granules/flakes, and tolerances without U.S. registrations in/on grape; and grape, raisin. FMC Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

Notice of meeting: Research, Education, and Economics, USDA; In accordance with the Federal Advisory Committee Act, Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, and the Agriculture Improvement Act of 2018, the United States Department of Agriculture (USDA) announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board. Info HERE

Proposed rule: Food and Nutrition Service (FNS), USDA; This action proposes to delay, from October 1, 2019 until October 1, 2021, the implementation date of the “ounce equivalents” requirement for crediting grains served in the Child and Adult Care Food Program (CACFP). The final rule, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified that meal planners must use ounce equivalents to determine the amount of creditable grain served as part of a reimbursable meal or snack. The new implementation date would allow more time for FNS to develop additional technical assistance materials and for State agencies and sponsoring organizations to provide training and technical assistance to make compliance easier for meal planners nationwide. Info HERE

Withdrawal of notice of intent to prepare an environmental impact statement: Forest Service, USDA. The Kootenai National Forest is withdrawing its Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Forest-wide Young Growth Project. The original NOI was published in the Federal Register on July 21, 2015 (80 FR 43056) and the Notice of Availability (NOA) for the Draft Environmental Impact Statement (DEIS) was published in the Federal Register on August 25, 2017 (82 FR 40577). The Kootenai National Forest (KNF) decision to withdraw the Forest-wide Young Growth DEIS is based on several factors including: Recent wildfires, post-fire salvage planning areas that already incorporate young growth stands, economic feasibility of treating young growth stands, and new authorities provided in the 2018 Farm Bill. Upon further evaluation, the Kootenai National Forest has decided to withdraw the EIS. Info HERE

Revised Notice of Intent to prepare an Environmental Impact Statement; reopening of public scoping period: Forest Service, USDA; The Forest Service is issuing this notice to update information included in the original Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the South Revillagigedo Integrated Resource Project (South Revilla IRP) and to reopen the public scoping period. The original NOI was published in the Federal Register on August 8, 2018 (83 FR 39050). This revised NOI modifies the Proposed Action, including replacing timber volume projections with proposed harvest acres to evaluate harvest potential; adds a young-growth component; revises road requirements for access; and modifies the anticipated publication dates of the Draft and Final EIS. Info HERE