A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes CWA, urbanization and ag, and landowner liability issues.
In UNITED STATES OF AMERICA, Plaintiff, v. RICHARD M. OSBORNE, et al., Defendants, NO. 1:11CV1029, 2017 WL 1135643 (N.D. Ohio March 27, 2017), the US government sued defendant for discharge of pollutants into waters of the United States without a permit in violation of the Clean Water Act (CWA), and moved for summary judgment. Defendant, part of a partnership, is developing a 280-acre property for commercial and industrial use. Court observed that “there is still no genuine issue of material fact created as to the Partnership’s knowledge of illegal filling or placing of polluting materials into any waters of the State of Ohio which could sustain a claim of strict liability under the relevant statutes.” The court did not accept State of Ohio’s proposal that it “expects that discovery will aid in determining the details of the partnership’s role.” Plaintiff’s motion for summary judgment denied.
In In the MATTER OF the Application of AMEREN TRANSMISSION COMPANY OF ILLINOIS for Other Relief or, in the Alternative, a Certificate of Public Convenience and Necessity Authorizing it to Construct, Install, Own, Operate, Maintain and Otherwise Control and Manage a 345,000–Volt Electric Transmission Line from Palmyra, Missouri, to the Iowa Border and Associated Substation Near Kirksville, Missouri Neighbors United Against Ameren’s Power Line, Appellant, v. Public Service Commission of Missouri and Ameren Transmission Company of Illinois, Respondents, WD 79883, 2017 WL 1149139 (Mo. Ct. App. March 28, 2017), plaintiffs appealed Missouri Public Service Commission’s (PSC) conditional order granting Ameren Transmission “a conditional certificate of convenience and necessity to construct a long-distance electric transmission line.” Court reasoned that, “Because the PSC has no statutory authority to grant a preliminary or conditional CCN contingent on the required county commission consents being subsequently obtained, the Report and Order was entered in excess of the PSC’s authority.” Order vacated.
Swan B. MOSS, III, et al., Plaintiffs v. UNITED STATES of America, Defendant, No. 4:12-cv-4030, 2017 WL 1158087 (W.D. Ark. March 28, 2017) involved the death of twenty campers from a flood at a recreation area. Government (defendant) moved to dismiss for lack of subject matter jurisdiction and court considered government’s immunity. Court found plaintiffs failed to show defendant failed to warn against an “ultra-hazardous condition,” or that government “charged persons to enter or go on land for recreational use.” Court ruled government could “avail itself of the immunity provided by the Arkansas Recreational Use Statute (ARUS)” and dismissed case.
REGULATORY: Includes AMS, FWS, FNS, FS, and RHS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule would implement a recommendation from the Far West Spearmint Oil Administrative Committee to establish the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from producers during the 2017-2018 marketing year. Info here.
Notice AMS will request an extension and revision to currently approved forms used by importers of commodities exempt from section 8e import regulations. Details here.
Notice Secretary of Agriculture intends to renew the Plant Variety Protection Board Charter. Info here.
FISH AND WILDLIFE SERVICE: Notice FWS seeks comment on applications to conduct certain activities with endangered species. Details here.
Notice FWS prepared a final environmental impact report/environmental impact statement under the National Environmental Policy Act of 1967. Info here.
FOOD AND NUTRITION SERVICE: Notice announcing the surplus and purchased foods that FNS expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program in FY 2017. Details here.
FOREST SERVICE:
Notice the Rocky Mountain Regional Forester intends to prepare a Supplement to the Environmental Impact Statement for the Shoshone National Forest Revised Land Management Plan. Details here.
Notice Rick Lint,Forest Supervisor for the Francis Marion National Forest, Southern Region, signed the Forest Plan for the Francis Marion National Forest. Info here.
RURAL HOUSING SERVICE: Notice RHS will request an extension for a currently approved information collection. Title: 7 CFR 3575, subpart A, Community Programs Guaranteed Loans. Info here.