JUDICIAL:

Application for Water Rights of Well Augmentation Subdistrict of Cent. Colorado Water Conservancy Dist., 2019 CO 12;

Centennial appealed from an order of the water court dismissing its objection to the Well Augmentation Subdistrict’s proposal to use additional sources of replacement water for its previously decreed augmentation plan. Centennial had asserted that WAS failed to comply with the notice requirements of the decree itself and that this failure amounted to a per se injury, for which it was entitled to relief without any further showing of operational effect. The water court heard Centennial’s motion objecting to WAS’s proposed addition of new sources of replacement water and, without requiring WAS to present evidence, found that Centennial failed to establish prima facie facts of WAS’s inability to deliver augmentation water in quantity or time to prevent injury to other water users. Referencing C.R.C.P. 41as the appropriate procedural vehicle, the water court dismissed Centennial’s objection.
Because exercise of the water court’s retained jurisdiction was statutorily limited to preventing or curing injury to other water users, and because the evidence presented by Centennial failed to establish that WAS would be unable, under the conditions imposed by the Engineer for approval of the additional sources of replacement water, to deliver augmentation water sufficient to prevent injury to other water users, the water court’s dismissal of Centennial’s objection is affirmed.
Sharp Farms v. Speaks, No. 18-1316, 2019 WL 966600 (4th Cir. Feb. 28, 2019); This appeal of a class-action settlement concerns a longstanding dispute between U.S. Tobacco Cooperative, Inc., an agricultural cooperative of flue-cured tobacco growers in North Carolina, and a class of plaintiffs consisting of current and former Cooperativemembers. From its inception in 1946, the Cooperative administered a federal price-support program designed to stabilize tobacco prices for member growers through purchasing their unsold tobacco at a guaranteed minimum price and marketing the tobacco to buyers. With a mixed record of success, the price-support program ultimately came to an end in 2004, when Congress enacted the Fair and Equitable Tobacco Reform Act (“FETRA”). By this point, the Cooperative had accumulated a capital reserve fund of hundreds of millions of dollars generated from the tobacco the members delivered or the fee assessments they paid to the Cooperative as members participating in the price-support program.
The Court holds that the district court abused its discretion in certifying the Speaks settlement class under Rule 23(a) and in approving the final settlement as fair, reasonable, and adequate under Rule 23(e). They dismiss as untimely Lewis’s appeal of the order denying his motion to intervene, and we affirm the district court’s denial of the attempted class opt-outs.

For the foregoing reasons, they reverse the district court’s order certifying the class and approving the final settlement and remand for further proceedings consistent with this opinion.

REGULATORY:
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 the registrants to voluntarily cancel certain pesticide product registrations and to amend certain product registrations to terminate uses. 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 their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order. 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 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: Agricultural Marketing Service, USDA; In preparing to implement the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill), the Agricultural Marketing Service (AMS) will host a listening session for initial public input about a new program to regulate hemp production. The listening session will provide interested parties with an opportunity to assist the Agency’s future rulemaking efforts by sharing their views on how the United States Department of Agriculture (USDA) can partner with agriculture agencies representing states, territories, and Indian tribes to implement a nationwide program for overseeing the production of industrial hemp. Info HERE

Revision to and extension of approval of an information collection; comment request: Animal and Plant Health Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the importation of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States. Info HERE

Revision to and extension of approval of an information collection; comment request; Animal and Plant Health Inspection Service, USDA. In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the regulations for the importation of wooden handicrafts from China. Info HERE

Proposed rule: Animal and Plant Health Inspection Service, USDA; We are proposing to amend the domestic quarantine regulations for pale cyst nematode by adding procedures that would allow persons to review and comment on the protocols for regulating and deregulating quarantine and associated areas. As part of this proposal, we are making the protocols publicly available. We are proposing these actions in response to a court order requiring the Animal and Plant Health Inspection Service to facilitate public input into the development of protocols for deregulating fields for pale cyst nematode. The changes we propose would make the protocols more accessible and give persons the opportunity to comment on their development. Info HERE

Notice of intent to prepare an environmental impact statement: Animal and Plant Health Inspection Service, USDA. We are advising the public that the Animal and Plant Health Inspection Service plans to prepare an environmental impact statement analyzing alternatives for predator damage management in Idaho. Info HERE

 

LEGISLATIVE:

S. 613: A bill to amend the Animal Health Protection Act to provide chronic wasting disease support for States and coordinated response efforts, and for other purposes. Info HERE

H.R. 1470: To amend the Food and Nutrition Act of 2008 to provide greater access to the supplemental nutrition assistance program by reducing duplicative and burdensome administrative requirements, authorize the Secretary of Agriculture Info HERE