A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
ANNOUNCEMENT: Join us TODAY at 12 noon (ET) for an Agricultural & Food Law Consortium webinar: “The Basics of Water Law and Its Relationship to Agriculture.” Details available here.
JUDICIAL: Includes food labeling, taxation, environmental, and renewable energy issues.
In Holly Lynn JONES, Individually, and Holly Lynn Jones, as Next Friend of ECJ, a Minor, Plaintiffs, v. WFM–WO, INC., d/b/a Whole Foods Market, Defendant, No. 3:17–cv–00749, 2017 WL 3017193 (M.D. Tenn. July 17, 2017), plaintiff sued Whole Foods for “negligence, negligent supervision, product liability, and misbranding of food for consumption” after her daughter had allergic reaction to a “vegan pizza” containing nuts. Whole Foods argued plaintiff’s claims fail because “nuts are a common staple of a vegan diet and, therefore, having nuts in a vegan pizza does not make it defective or unreasonably dangerous.” Court considered the Tennessee Products Liability Act and concluded that “the Court cannot say, as a matter of law, that the same consumer would understand that the pizza slice could contain pecan chips.” Defendant’s motion to dismiss denied in part.
In Lakes Region EMS, Inc., Petitioner, v. County of Chisago, Respondent, No. 13-CV-l 5-319, 2017 WL 3025963 (Minn.Tax Regular Div. July 11, 2017), issue was whether a property used to provide emergency medical services to residents of the area was exempt from real property taxation. Court found the property was owned by an “institution of purely public charity and used for exempt purposes” during the years at issue. Assessor’s determination reversed and property classified as exempt.
In Clay SHEFF, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Civil Division, Radiation Exposure Compensation Program, Respondent, CV 17–0018 WPL/SCY, 2017 WL 3017184 (D.N.M. July 17, 2017), plaintiff sought review of the Department of Justice’s (DOJ) denial of his claim for payment of benefits under the Radiation Exposure Compensation Act. At issue was whether plaintiff qualified for benefits under the “downwinder” provision of the Act, which allows DOJ to award benefits to an “individual who was physically present” in a designated downwind geographic area when the United States conducted atmospheric nuclear testing. Court observed that, “Neither RECA nor DOJ’s regulations specifically address whether persons like [plaintiff], who were in utero during the exposure period, were ‘physically present.’” DOJ’s motion to dismiss granted.
In Restaurant Recycling, LLC, Plaintiff, v. New Fashion Pork, LLP, Intervenor Plaintiff, v. Employer Mutual Casualty Company d/b/a EMC Insurance Companies and Hamilton Mutual Insurance Company, Defendants, No. 17-7(DSD/SER), 2017 WL 3016763 (D. Minn. July 14, 2017), third party claimed it used plaintiff’s fat products to feed its swine and the feed caused health problems in its swine. Defendant insured plaintiff with general commercial liability coverage and plaintiff sued seeking coverage for all claims asserted by third party. Plaintiff argued that a “pollution exclusion” in the policy did not apply because “lasalocid can be administered to swine and other animals at safe levels and, therefore, is not a contaminant.” The court disagreed with plaintiff and dismissed case.
REGULATORY: Includes AMS, EPA, FWS, FS, ITA, NASS, and NOAA rules and notices.
AGRICULTURAL MARKETING SERVICE: Notice AMS will request approval from the Office of Management and Budget (OMB) for an extension of the currently approved information collection used to compile and generate the Federally Inspected Estimated Daily Slaughter Report. Info here.
ENVIRONMENTAL PROTECTION AGENCY:
Rule EPA is approving a State Implementation Plan (SIP) revision submitted by the Maine Department of Environmental Protection. Details here.
Rule EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine Department of Environmental Protection on August 28, 2015. Info here.
Rule EPA is proposing to approve a revision to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan. Details here.
Rule EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan. Info here.
Rule EPA is proposing to conditionally approve revisions to the Texas State Implementation Plan addressing Oxides of Nitrogen Reasonably Available Control Technology for the Martin Marietta cement manufacturing plant in Ellis County. Info here.
FARM SERVICE AGENCY: Notice FSA is requesting comments from all interested individuals and organizations for a revision with an extension of a currently approved Information Collection Request that supports the Certified State Mediation Program. Details here.
FISH AND WILDLIFE SERVICE: Rule FWS announces a 6-month extension of the final determination of whether to list the San Fernando Valley spineflower as a threatened species. Details here.
FOREST SERVICE: Notice to extend the public comment period for the Ringo Draft Environmental Impact Statement for a proposed Forest Plan amendment. Info here.
INTERNATIONAL TRADE ADMINISTRATION:
Notice CIT sustained the Department of Commerce’s final remand results pertaining to the new shipper review of the antidumping duty order on fresh garlic from China for Shijiazhuang Goodman Trading Co., Ltd. Details here.
Notice the Department of Commerce received a countervailing duty petition concerning imports of ripe olives from Spain, on behalf of the Coalition for Fair Trade in Ripe Olives. Details here.
NATIONAL AGRICULTURAL STATISTICS SERVICE: Notice NASS requests revision to the currently approved information collection, the Bee and Honey survey docket. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS is reapportioning the seasonal apportionments of the 2017 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. Info here.
Rule proposing regulations to implement an Omnibus Framework Adjustment to the Mid-Atlantic Fishery Management Council acceptable biological catch setting process. Details here.
Notice NMFS announces a 90-Day finding on a petition to list the winter-run Puget Sound chum salmon in the Nisqually River system and Chambers Creek as a threatened or endangered evolutionarily significant unit under the Endangered Species Act and to designate critical habitat concurrently with the listing. Details here.