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

                                                                                                                                               

JUDICIAL: Includes Environmental Law

In State of Wisconsin v. EPA, 2019 WL 4383259 (D.C. Cir. 2019) the court addressed an EPA regulation implementing the Good Neighbor provision of the Clean Air Act (CAA). The Good Neighbor provision of the CAA requires states that are upwind of other states to reduce their emission of air pollutants to help downwind states come into CAA compliance. Plaintiffs challenged the EPA regulations implementing the Good Neighbor provision for not setting a deadline for upwind states to reduce their emissions. The court found for the plaintiffs, concluding that it went against the requirements of the CAA to fail to set a deadline for upwind states to reduce their emissions. The court did not vacate the EPA’s regulation, but ordered the Agency to revise the rule.

                                                                                                                                               

REGULATORY: Includes APHIS, AMS, FDA, NMFS

ANIMAL AND PLANT HEATH INSPECTION SERVICE

Notice of availability of a final environmental assessment and finding of no significant impact relative to the release of Ceratapion basicorne for the biological control of yellow starthistle in the continental United States. Info here.

AGRICULTURAL MARKETING SERVICE

Rule informing the public that the U.S. Department of Agriculture’s Agricultural Marketing service is amending its regulations to update a number of outdated administrative and organizational references, clarify agency action as it relates to the withdrawal or denial of service, update the official shields and grademarks associated with the grading service, and make reference to the use of instrument grading equipment as a means of determining official grands on beef and lamb carcasses. Info here.

FOOD AND DRUG ADMINISTRATION

Proposed rule to amend the requirements that specify the analytical method FDA uses to determine the concentration of sulfites in food. Info here.

NATIONAL MARINE FISHERIES SERVICE

Notice of issuance of permits under the Marine Mammal Protection Act and the Endangered Species Act to certain parties. Info here.