LEGISLATIVE:

STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Plaintiff Below, Appellant, v. MOUNTAIRE FARMS OF DELAWARE, INC., Defendant Below, Appellee., No. 183, 2019, 2019 WL 2323906 (Del. May 31, 2019)

The appellant, State of Delaware Department of Natural Resources and Environmental Control (“DNREC”), has petitioned this Court under Supreme Court Rule 42 to accept an appeal from the Superior Court’s order dated March 29, 2019, which stayed DNREC’s case claiming that appellee Mountaire Farms of Delaware, Inc. violated environmental laws in favor of pending litigation brought by DNREC against Mountaire in federal court.
Applications for interlocutory review are addressed to the sound discretion of this Court.In the exercise of its discretion and giving great weight to the trial court’s view, this Court has concluded that the application for interlocutory review does not meet the strict standards for certification under Supreme Court Rule 42(b). Exceptional circumstances that would merit interlocutory review of the decision of the Superior Court do not exist in this case,and the potential benefits of interlocutory review do not outweigh the inefficiency, disruption, and probable costs caused by an interlocutory appeal.

REGULATORY:
Notice and request for comments: Commodity Credit Corporation and Foreign Agricultural Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Commodity Credit Corporation’s (CCC) intention to request an extension for a currently approved information collection in support of the CCC Facility Guarantee Program (FGP). Info HERE

Notice and request for comments: Commodity Credit Corporation and Foreign Agricultural Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Commodity Credit Corporation’s (CCC) intention to request an extension for a currently approved information collection in support of the CCC Facility Guarantee Program (FGP). Info HERE

Notice; request for comment: Forest Service, USDA; Comments must be received in writing on or before July 30, 2019 to be assured of consideration. Comments received after that date will be considered to the extent practicable. Info HERE

Notice of approval of the revised land management plan for El Yunque National Forest; Forest Service, USDA; Sharon Wallace, the Forest Supervisor for El Yunque National Forest, Southern Region, has signed the Record of Decision (ROD) for the Revised Land Management Plan (Forest Plan) for El Yunque National Forest. The final ROD documents the rationale for approving the Forest Plan and is consistent with the Reviewing Officer’s response to objections and instructions. Info HERE

Notice of intent to prepare an environmental impact statement: Forest Service, USDA; The USDA Forest Service is revising the Land Management Plan (Forest Plan) for the Lincoln National Forest and preparing an environmental impact statement (EIS). This notice describes the documents available for review and how to obtain them; summarizes the needs for change to the existing Forest Plan; identifies where a Preliminary Draft Forest Plan (detailed proposed action) can be obtained; provides information concerning public participation and collaboration, including the process for submitting comments; provides an estimated schedule for the planning process, including the time available for comments, and includes the names and addresses of agency contacts who can provide additional information. Info HERE

Notice of product coverage and trigger levels for safeguard measures provided for in the World Trade Organization (WTO) Agreement on Agriculture: Foreign Agricultural Service, U.S. Department of Agriculture; This notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products. Info HERE

Proposed rule: Animal and Plant Health Inspection Service, USDA; We are proposing to consolidate the regulations governing diagnostic laboratory approval authorities for select animal diseases into a single regulation and establish a set of standard procedures which we may use to conduct future diagnostic laboratory approvals. The consolidated regulations would provide consistent inspection protocols, proficiency testing methods, quality system guidelines, and definitions. This would also facilitate the approval of additional laboratories in emergency situations. The consolidated regulations would serve to simplify regulatory oversight and compliance. Info HERE

Proposed rule: Agricultural Marketing Service, USDA; This proposed rule would implement a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to increase the assessment rate established for the 2019-2020 and subsequent marketing years. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of pyriofenone in or on fruiting vegetable, crop group 8-10. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

Notice: Environmental Protection Agency (EPA): In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of the products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order. Info HERE

Notice, correction: Environmental Protection Agency (EPA); EPA issued a notice in the Federal Register on March 19, 2019, concerning the cancellation of certain pesticide registrations and amendments to terminate uses. This document is being issued to correct Table 1 of the cancellation notice by removing two entries which were revised to extend the phase out for cancellation. Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of clofentezine in or on guava. The Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

The Commodity Credit Corporation (CCC) announces that it is inviting applications for the 2020 Market Access Program (MAP). The MAP is administered by personnel of the Foreign Agricultural Service (FAS) on behalf of CCC. The intended effect of this notice is to solicit proposals from eligible applicants for fiscal year 2020 and to set out the criteria for the awarding of funds under the program. Info HERE

Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to permitting the release of the hoverfly Cheilosia urbana for the biological control of invasive hawkweeds (Pilosella species) within the contiguous United States. Based on the environmental assessment and other relevant data, we have reached a preliminary determination that the release of these control agents will not have a significant impact on the quality of the human environment. We are making the environmental assessment available to the public for review and comment. Info HERE

Proposed rule; reopening of comment period: Animal and Plant Health Inspection Service, USDA; We are reopening the comment period for our proposed rule that would amend the licensing requirements under the Animal Welfare Act regulations to promote compliance, reduce licensing fees, and strengthen existing safeguards that prevent individuals and businesses who have a history of noncompliance from obtaining a license or working with regulated animals. This action will allow interested persons additional time to prepare and submit comments. Info HERE

Notice: Environmental Protection Agency (EPA); The Environmental Protection Agency’s (EPA’s) Office of Pesticide Programs is inviting nominations from a diverse range of qualified candidates to be considered for appointment to the Pesticide Program Dialogue Committee (PPDC). The PPDC is chartered to provide policy advice, information, and recommendations to the EPA on a wide variety of pesticide regulatory developments and reform initiatives, evolving public policy, and program implementation issues associated with evaluating and reducing risks from pesticide use. To maintain the representation outlined by the charter, nominees will be selected to represent: Environmental/public interest and animal rights groups; farm worker organizations; pesticide industry and trade associations; pesticide user, grower, and commodity groups; federal/state/local and tribal governments; academia; and public health organizations. Vacancies are expected to be filled by September 2019. Sources in addition to this Federal RegisterNotice may be utilized in the solicitation of nominees. Info HERE

Notice of meetings: Forest Service, USDA; The Siskiyou (OR) Resource Advisory Committee (RAC) will meet in Brookings, Oregon. 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. Info HERE

Notice of meeting: Forest Service, USDA: The Idaho Panhandle Resource Advisory Committee (RAC) will meet in Coeur d’Alene, Idaho. 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. Info HERE

Notice and request for comments: National Agricultural Statistics Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Fruits, Nuts, and Specialty Crops Surveys. Revision to burden hours will be needed due to changes in the size of the target population, sample design, minor changes in questionnaire design, the addition of several reimbursable surveys and discontinuation of several specialty commodity surveys due to revisions warranted by the 2017 Census of Agriculture. Info HERE