A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
ANNOUNCEMENT: Join us this Wednesday, March 21st, for a FREE webinar: 2018 Farm Bill Outlook. Details available here.
JUDICIAL: Includes water law, environmental, and international trade issues.
In LEMHI COUNTY, a political subdivision of the State of Idaho, by the Board of County Commissioners, Robert Cope, Richard Snyder, and John Jakovac, Plaintiff-Counterdefendant, and Verdell Olson; Scott Hartvigson as trustee of the Zenas R. Hartvigson Living Trust, Defendants-Counterclaimants-Cross Defendants-Appellants, v. Phillip F. MOULTON; James Skinner; Pratt Creek Ranch Limited Partnership; Lyle Skinner as trustee of the Ellis Ray Skinner Family Living Trust, Cross Defendants-Cross Claimants-Respondents, No. 44498, 2018 WL 1278307 (Idaho March 13, 2018), County sued uphill ranch owner and downhill ranch owner, seeking to prevent flooding of its roads. Lower court ruled an easement and natural servitude “permitted uphill owner to send water down steep draw that sent water across county road and through downhill ranch.” Downhill owner appealed. State Supreme Court found that “uphill owner’s use of downhill owner’s property to send water down steep draw was under claim of right and adverse to downhill ranch,” establishing a prescriptive easement. Court also found that drainage of uphill owner’s water “through basin and down steep draw was natural watercourse into which upper owner could deposit water,” created a natural servitude.
In UNITED STATES OF AMERICA Plaintiff, v. GIBSON WINE CO., Defendant, NO. 1:15-cv-01900-AWI-SKO, 2018 WL 1305791 (E.D. Cal. March 13, 2018), Environmental Protection Agency (EPA) initiated suit against defendant regarding release of “anhydrous ammonia” at defendant’s winemaking plant. EPA alleged violations by defendant of the Clean Air Act (CAA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right-To-Know Act (EPCRA). EPA sought entry of a consent decree after defendant contended the $1.1 million in civil penalties was “dramatically higher than those sought in similar cases.” Court granted EPA’s motion after reasoning that “the consent decree mandates implementation of additional safety requirements and heightened notice requirements, and imposes additional penalties for any failures to comply in either respect.”
In AMERICAN PETROLEUM INSTITUTE, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Chemistry Council, et al., Intervenors, No. 09-1038, 2018 WL 1161968 (D.C. March 6, 2018), a petroleum organization sought review of Environmental Protection Agency’s (EPA) final rule defining “solid waste” under the Resource Conservation and Recovery Act (RCRA). Appellate court upheld some aspects of rule and a number of other industry and environmental organizations intervened, seeking a rehearing. Upon rehearing, court found that “spent petroleum catalysts were not disqualified from ambit of transfer–based exclusion from RCRA’s definition of ‘solid waste.’”
UNITED STATES, Plaintiff, v. MAVERICK MARKETING, LLC et al., Defendants, No. 17–00174, 2018 WL 1187449 (Ct. Intl. Trade March 7, 2018) involved international trade issues wherein US Customs sought to recover unpaid Federal Excise Tax (FET) an importer of tobacco products under the Tariff Act of 1930. Defendant maintained it “was neither the importer nor consignee for the subject merchandise at the time of importation,” and argued that distinction fell upon a co-defendant. Government countered that defendant “financed all the transactions connected with the entry of the subject merchandise,” and that defendant “owned the trademarks for all imported products and thus controlled all United States importations of the imported merchandise.” Court found for plaintiff and observed that “[p]ersons who are not the importer of record may be held liable . . . if they introduce or attempt to introduce merchandise into United States commerce.”
LEGISLATIVE:
H.R. 2154: To rename the Red River Valley Agricultural Research Center in Fargo, North Dakota, as the Edward T. Schafer Agricultural Research Center. Passed by Congress on March 14, 2018 and goes to the President next.
S. 2555: A bill to amend the Agricultural Act of 2014 to establish the Dairy Farm Sustainability Price Loss Coverage Program. Referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
S. 2552: A bill to amend the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to increase the maximum amounts of Farm Service Agency loans for years in which those maximum amounts are insufficient to satisfy demand. Referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
S. 2545: A bill to amend the Public Health Service Act to authorize a special behavioral health program for Indians. Referred to the Senate Committee on Indian Affairs.
S. 2553: A bill to amend title XVIII of the Social Security Act to prohibit health plans and pharmacy benefit managers from restricting pharmacies from informing individuals regarding the prices for certain drugs and biologicals. Referred to the Senate Committee on Finance.
H.R. 5269: To require State or territorial approval of restriction by the Secretary of the Interior and the Secretary of Commerce of recreational or commercial fishing access to certain State or territorial waters, respectively. Referred to the House Committee on Natural Resources.
H.R. 5276: To modernize the Food for Peace Program in the United States Agency for International Development. Referred to the House Committee on Agriculture and House Committee on Foreign Affairs.
H.R. 5291: To establish an offshore wind career training grant program. Referred to the House Committee on Education and the Workforce and House Committee on Natural Resources.
S. 2563: A bill to improve the water supply and drought resilience of the United States. Referred to the Senate Committee on Energy and Natural Resources.
S. 2560: A bill to authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities. Referred to the Senate Committee on Energy and Natural Resources.
S. 2558: A bill to direct the Secretary of Agriculture to transfer to Scenic Rivers Development Alliance certain National Forest System land in the State of Mississippi. Referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
S. 2557: A bill to amend the Food Security Act of 1985 to improve conservation programs. Referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
H.R. 5316: To authorize appropriations for the seniors farmers’ market nutrition program for fiscal years 2019 through 2023. Referred to the House Committee on Agriculture.
H.R. 5299: To direct the Secretary of Agriculture to transfer to Scenic Rivers Development Alliance certain National Forest System land in the State of Mississippi. Referred to the House Committee on Agriculture.
H.R. 5317: To repeal section 2141 of the Revised Statutes to remove the prohibition on certain alcohol manufacturing on Indian lands. Referred to the House Committee on Natural Resources.
H.R. 5310: To waive certain procurement provisions for a project that receives funds from certain Federal agencies. Referred to the House Committee on Agriculture, House Committee on Energy and Commerce, and 2 other committees.
H.R. 5309: To amend the Second Morrill Act to authorize the transmission to Congress of annual reports prepared by colleges endowed under such Act. Referred to the House Committee on Agriculture.
H.R. 5319: To transfer Coast Guard property in the Town of Jupiter Island, Florida, for inclusion in Hobe Sound National Wildlife Refuge. Referred to the House Committee on Natural Resources and House Committee on Transportation and Infrastructure.
H.R. 2154: To rename the Red River Valley Agricultural Research Center in Fargo, North Dakota, as the Edward T. Schafer Agricultural Research Center. Text for status Passed Congress (Mar 16, 2018) is now available.
REGULATORY: Includes AMS, APHIS, EPA, FSA, FWS, FNS, FSIS, NIFA, NOAA, and RUS rules and notices.
AGRICULTURAL MARKETING SERVICE: Rule announces the ratification of the evidentiary record of the California Federal Milk Marketing Order (FMMO) rulemaking proceeding by the United States Department of Agriculture (USDA) Judicial Officer (JO). Info here.
ANIMAL AND PLANR HEALTH INSPECTION SERVICE: Rule APHIS is restructuring the regulations governing the importation of plants for planting. Info here.
ENVIRONMENTAL PROTECTION AGENCY:
Rule is approving several different revisions to the State Implementation Plan submitted to the EPA by the Vermont Department of Environmental Conservation. Details here.
Rule EPA is approving a state implementation plan (SIP) revision submitted by the State of West Virginia. Info here.
Rule EPA is proposing to approve a revision to the Antelope Valley Air Quality Management District portion of the California State Implementation Plan. Info here.
Rule EPA is proposing to approve elements of a State Implementation Plan submission from Connecticut regarding the infrastructure requirements of the Clean Air Act for the 2012 fine particle National Ambient Air Quality Standards, and a SIP submission addressing interstate transport requirements of the CAA for the 2006 PM<INF>2.5</INF> NAAQS. Info here.
Rule EPA is proposing to approve a revision to the Oregon Regional Haze State Implementation Plan. Details here.
Rule EPA is proposing to approve South Dakota’s regional haze progress report, submitted as a revision to its State Implementation Plan by the South Dakota Department of Environment and Natural Resources. Info here.
FARM SERVICE AGENCY: Rule amends the delegations of authority from the Farm Service Agency (FSA) Deputy Administrator of Farm Loan Programs. Details here.
FISH AND WILDLIFE SERVICE: Notice FWS announces the availability for comment of two applications for incidental take permits (ITP) under the Endangered Species Act. Details here.
FOOD AND NUTRITION SERVICE: Notice of a new collection to study farm to school efforts being conducted for the Farm to School Census and Comprehensive Review. Info here.
FOOD SAFETY AND INSPECTION SERVICE: Notice FSIS and the Food and Drug Administration (FDA), Center for Food Safety and Applied Nutrition (CFSAN) are sponsoring a public meeting on April 6, 2018. Info here.
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE: Notice of an amendment to NIFA regulations that updates the list of institutions that are granted Hispanic-Serving Agricultural Colleges and Universities (HSACU) certification by the Secretary and are eligible for HSACU programs for the period starting October 1, 2017, and ending September 30, 2018. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule announcing a new control date that may be used to determine future participation in the Northeast multispecies charter/ party fishery. Details here.
Notice NOAA will submit to the Office of Management and Budget for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. Title: National Marine Sanctuary Permits. Details here.
Notice NOAA will submit to the Office of Management and Budget for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. Title: Protocol for Access to Tissue Specimen Samples from the National Marine Mammal Tissue Bank. Info here.
Notice NOAA collects information to implement the International Dolphin Conservation Program Act (Act). The Act allows entry of yellowfin tuna into the United States (U.S.), under specific conditions, from nations in the International Dolphin Conservation Program that would otherwise be under embargo. Info here.
RURAL UTILITIES SERVICE: Rule that Rural Business-Cooperative Service promulgated changes to its Guaranteed Loanmaking and Servicing Regulations. Following final implementation of this final rule, RBS found two technical corrections that are necessary. Info here.