A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
ANNOUNCEMENT: Please join us for the 4th Annual Mid-South Agricultural and Environmental Law Conference, Friday, June 9, 2017. Details here.
JUDICIAL: Includes easement, PACA, and urbanization issues.
In Timothy A. JAMES, et al., Wilhelmean Brown, et al.,1 Plaintiffs, v. UNITED STATES, Defendant, Nos. 14–6L, 14–38L, 2017 WL 772543 (Fed. Cl. Feb. 28, 2017), plaintiffs alleged they are entitled to receive just compensation under the Fifth Amendment because the government “effected takings of their reversionary property interests by operation of the National Trails System Act.” Plaintiffs own property adjacent to a railroad line and alleged the government “destroyed their reversionary rights to exclusive use and possession of their land when the Surface Transportation Board (STB) issued a Notice of Interim Trail Use (NITU) related to the railroad line adjacent to their property.” Court ruled that the measure of just compensation to the plaintiffs for the taking of their property “should be based on the takings time period and the additional trail use and railbanking easements that were imposed on plaintiffs’ property, which was originally encumbered by the railroad purposes easement.”
Sutherland Produce Sales, Inc., Plaintiff, v. High Country Distribution LLC, D & R Foods LLC dba Mountain Valley Distribution and Roy V. Cook, Jason Henderson and Daniel Webster, each individually, Defendants, No. 2:14–cv–00795–RJS, 2017 WL 782281 (D. Utah Feb. 28, 2017) involved a Perishable Agricultural Commodities Act (PACA) dispute concerning what evidence is necessary to prove delivery, as PACA protection applies only to “[p]erishable agricultural commodities received by a … dealer.” Plaintiff, a wholesale seller of produce, sued after not receiving payment from defendant, a wholesale buyer. Defendant argued plaintiff never established that all disputed orders were actually “delivered.” Plaintiff provided a chart listing the invoice number and date of all 48 invoices it contends went unpaid along with of invoices and emails forwarding each invoice to defendant. Plaintiff also provided a bill of lading showing date of delivery and goods delivered. Court found “no genuine issue of fact” regarding delivery and denied defendant’s motion for summary judgment.
In JAMES P. WILSON et al., Plaintiffs and Appellants, v. COUNTY OF NAPA et al., Defendants and Respondents, A149153, 2017 WL 772441 (Cal. Ct. App. Feb. 28, 2017), plaintiffs were denied a writ by a trial court seeking to compel defendants to place their initiative measure, “Water, Forest and Oak Woodland Protection Initiative of 2016,” on the county ballot. Defendant refused to do so because the measure “does not comply with the ‘full text’ requirement of the Elections Code.” Defendant maintained plaintiff’s measure includes a permit requirement for removing oak trees requiring compliance with the “best management practices,” without including the text of those practices. Appellate court held the proposed initiative “does not comply with the full text requirement.” Court ruled plaintiff’s measure “would enact as binding conditions for permission to remove certain oak trees what are now only recommended measures for voluntary compliance.” Trial court affirmed.
REGULATORY: Includes EPA and NOAA rules and notices.
ENVIRONMENTAL PROTECTION AGENCY: Rule EPA is extending the comment period for the proposed rule entitled “Financial Responsibility Requirements under CERCLA Sec. 108(b) for Classes of Facilities in the Hardrock Mining Industry.” Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule MFS is adjusting the Atlantic bluefin tuna Purse Seine and Reserve category quotas for 2017. Info here.
Notice Department of Commerce will submit to the OMB for clearance a proposal for collection of information. Title: Application and Reports for Registration as a Tanner Agent. Details here.
Notice Department of Commerce will submit to the OMB for clearance a proposal for collection of information. Title: Chesapeake Bay Watershed Environmental Literacy Indicator Tool. Info here.
Notice announcing receipt of applications for permits under the EFP program to conduct research on white sharks during 2017. Info here.
Notice NMFS issued an incidental harassment authorization to the Eastern Massachusetts National Wildlife Refuge Complex, U.S. Fish and Wildlife Service to incidentally harass marine mammals during seabird monitoring. Details here.