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 easement, FLSA, environmental, and standing issues.

Medved v. State, 2016 COA 157, concerned a conservation easement tax credit case involving a donor and a transferee. Court considered which party’s tax claim triggered the four-year statute of limitations. Plaintiffs appealed ruling that defendant timely filed a notice of deficiency and disallowance. Appellate court held that the relevant statute treats the donor and the transferee as “one entity in all matters and that the first tax claim filed triggers the running of the statute of limitations.” Case reversed and remanded for dismissal.

In Perez v. Valley Garlic, Inc., No. 116CV01156AWIEPG, 2016 WL 6094809, (E.D. Cal. Oct. 19, 2016), plaintiff, U.S. Secretary of Labor, alleged violations of the Fair Labor Standards Act of 1938 (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) by defendants, a garlic processing plant, and a farm labor contractor. Plaintiff claimed defendants unlawfully transported field workers to and from worksites, and failed to pay wages and keep accurate time records. Parties disagreed over type of injunction sought. Plaintiff maintained the injunction sought would only require defendant to stop violating law, declaring it “plainly prohibitory.” Defendant maintained proposed injunction “actually imposes affirmative obligations on Defendants to implement and manage a comprehensive worker transportation program for the FLCs that it does business with,” making the injunction “mandatory.” Court observed that plaintiff’s proposed injunction sought mandatory meetings and production of parking logs, and ruled that “Because the Secretary seeks to compel a change in the status quo, the injunction he seeks is mandatory.”

In FMC Corp. v. N.Y. State Dep’t of Envtl. Conservation, No. 522187, 2016 WL 6106400, (N.Y. App. Div. Oct. 20, 2016), plaintiff operated a facility that produced pesticides and contaminated soil and groundwater near the plant. Years ago, defendant classified a portion of the facility as being a “[s]ignificant threat to the public health or environment,” and later proposed corrective measure alternatives (CMA) to remedy the situation. Plaintiff claimed defendant exceeded its authority under the Environmental Conservation Law. Court noted plaintiff was “entitled to both notice . . . and an opportunity for a hearing prior to the issuance of an order directing petitioner to implement [the CMA],” and concluded that “petitioner was not accorded an opportunity for a hearing to assert its challenge to CMA 9 and no implementation order was issued.” Court ruled defendant’s “determination that it was authorized to proceed with the remedial work based on petitioner’s ‘refusal’ to perform the work was arbitrary and capricious.” Judgment for defendant reversed.

In Pullen v. Flowers, No. SD 34203, 2016 WL 6095341, (Mo. Ct. App. Oct. 19, 2016), plaintiffs sued regarding conveyance of a family farm owned by a “closely held corporation,” to defendants, who subsequently transferred the farm to another party. Court observed that, “An individual shareholder does not have standing to maintain a personal action for recovery of corporate funds.” Court observed that the farm “belonged to Pullen Farm before the challenged transactions. Any interest in that property which Plaintiffs had arose based on their status as shareholders of Pullen Farm. They had no standing to sue third parties in their individual capacities.” Trial court’s dismissal affirmed as plaintiffs lacked standing.

REGULATORY: Includes USDA, GIPSA and NOAA notices.

AGRICULTURE DEPARTMENT:

Notice USDA has submitted information collection requirement(s) to OMB for review. Title: Identifying Program Components and Practices that Influence SNAP Application Processing Timeliness Rates. Details here.

Notice USDA has submitted information collection requirement(s) to OMB for review. Title: Importation of Mangoes from India. Info here.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION:

Notice GIPSA is announcing the designation of Hastings Grain Inspection, Inc. to provide Class X or Class Y weighing services under the United States Grain Standards Act. Info here.

Notice Lincoln Grain Inspection Service, Inc.’s geographical territory is amended to exclude the area previously designated to Lincoln within New Mexico and Texas. Details here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Notice Department of Commerce will submit to the Office of Management and Budget for clearance a proposal for collection of information. Title: Southeast Region Dealer and Interview Family of Forms. Info here.

Notice the Caribbean Fishery Management Council’s Outreach and Education Advisory Panel will meet in Puerto Rico. Details here.

Notice the Caribbean Fishery Management Council is considering establishing federal permits to harvest queen snapper and cardinal snapper from Puerto Rico EEZ waters and is conducting scoping meetings to obtain public comments regarding this matter. Details here.

Notice The SEDAR 51 assessment of the Gray Snapper will consist of a data workshop, a review workshop, and a series of assessment webinars. Info here.