A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

                                                                                                                                               

JUDICIAL: Includes Food Labeling

In Dumont v. Reily Foods Company, 934 F.3d 35 (1st Cir., 2019) a customer brought a putative class action against a coffee seller and its parent company, alleging labeling of “Hazelnut Crème” coffee was deceptive practice under Massachusetts consumer protection law. The Appeals Court ruled that the customer sufficiently alleged that labeling of “Hazelnut Crème” coffee was deceptive practice.

                                                                                                                                               

LEGISLATIVE: Includes Environmental Law, Energy Law

NEW HAMPSHIRE

Law prohibiting offshore oil and natural gas exploration. Info here.

                                                                                                                                               

REGULATORY: Includes EPA, FERC, FWS, NOAA

ENVIRONMENTAL PROTECTION AGENCY

Announcement that EPA has finalized plans to repeal a 2015 rule defining “Waters of the United States” under the Clean Water Act. Info here.

Rule establishing tolerances for residues of pyraflufen-ethyl in or on multiple commodities. Info here.

FEDERAL ENERGY REGULATORY COMMISSION

Notice announcing the opening of the scoping process the Commission will use to gather input from the public and interested agencies as the Commission starts to prepare and environmental impact statement for the Louisiana Connector Extension Project. Info here.

FISH & WILDLIFE SERVICE

Proposed rule to list Graham’s beartonge and White River beardtonge as threatened species throughout their ranges and to designate critical habitat pursuant to the Endangered Species Act. Comments on the proposed rule have been reopened. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Proposed rule that would require commercial groundfish bottom longline vessels 26 feet in length and longer managed under the Pacific Coast Groundfish Fishery Management Plan to deploy streamer lines or to set gear between a certain time in order to fulfill terms and conditions of a 2017 Biological Opinion. Comments are requested. Info here.