A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL:
ALASKA OIL AND GAS ASSOCIATION; AMERICAN PETROLEUM INSTITUTE; STATE OF ALASKA; NORTH SLOPE BOROUGH; INUPIAT COMMUNITY OF THE ARCTIC SLOPE; NORTHWEST ARCTIC BOROUGH; ARCTIC SLOPE REGIONAL CORPORATION; NANA REGIONAL CORPORATION, INC., Plaintiffs-Appellees, v. PENNY PRITZKER, U.S. Secretary of Commerce; NATIONAL MARINE FISHERIES SERVICE; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; KATHRYN D. SULLIVAN, in her official capacity as the Acting Under Secretary of Commerce for Oceans and Atmosphere and the Acting Administrator, National Oceanic and Atmospheric Administration; SAMUEL D. RAUCH, III, in his official capacity as the Acting Assistant Administrator for No. 14-35806 D.C. No. 4:13-cv-00018-RRB 2 ALASKA OIL & GAS ASS’N V. PRITZKER Fisheries, National Oceanic and Atmospheric Administration, Defendants-Appellants, No. 14-35806 (9th Cir. Oct. 24, 2016), concerned the Endangered Species Act (ESA). The court considered whether the National Marine Fisheries Service’s (NMFS) listing of the sea ice seal species as threatened under the ESA was reasonable when the agency “determines that a species that is not presently endangered will lose its habitat” due to future climate change. The court noted that NMFS “used climate projections to determine that the loss of sea ice over shallow waters in the Arctic would leave the Pacific bearded seal subspecies endangered by the year 2095.” The court also observed that the “ESA does not require NMFS to base its decision on ironclad evidence when it determines that a species is likely to become endangered in the foreseeable future; it simply requires the agency to consider the best and most reliable scientific and commercial data and to identify the limits of that data when making a listing determination.” The court held that on the basis of the administrative record, NMFS’s listing decision was reasonable and reversed district court’s grant of summary judgment for plaintiffs. A copy of the opinion is available here.
REGULATORY: Includes AMS, APHIS, EPA, GIPSA, ITA and NOAA rules and notices.
AGRICULTURAL MARKETING SERVICE: Rule implementing a recommendation from the Washington Apricot Marketing Committee to increase the assessment rate established for the 2016-17 and subsequent fiscal periods from $0.75 to $1.40 per ton of Washington apricots handled under the marketing order. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Rule proposing to amend the fruits and vegetables regulations to allow the importation of Hass avocados from Colombia into the continental United States. Info here.
Rule proposing to amend regulations governing importation of plants for planting to add orchid plants of the genus Dendrobium from Taiwan to the list of plants that may be imported into the United States in an approved growing medium. Details here.
ENVIRONMENTAL PROTECTION AGENCY: Rule EPA proposes to approve revisions to the Texas State Implementation Plan submitted by the State of Texas that pertain to particulate matter standards and outdoor burning regulations. Info here.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION:
Notice Mid-Iowa Grain Inspection, Inc.’s geographical territory is amended to include the area previously designated to John R. McCrea Agency, Inc. Info here.
Notice North Dakota Grain Inspection Service, Inc.’s (North Dakota) geographical territory is amended to include the area previously designated to Columbus Grain Inspection, Inc. Details here.
INTERNATIONAL TRADE ADMINISTRATION: Notice Department of Commerce seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2016 through June 30, 2016. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS issues final determination to designate the Sakhalin Bay-Nikolaya Bay-Amur River Stock of beluga whales as a depleted stock of marine mammals pursuant to the Marine Mammal Protection Act. Info here.
Notice NMFS announces the Proposed Endangered Species Act Recovery Plan for Snake River Spring/Summer Chinook Salmon and Snake River Steelhead is available for review and comment. Details here.
Notice NMFS has received six scientific research permit application requests relating to Pacific salmon and steelhead. Details here.