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

JUDICIAL: Includes Taking Clause, Flooding, EPA, Energy

In Jackson-Greenly Farm, Inc. v. United States, No. 18-cv-1141L, 2019 WL 4137425 (Fed. Cl. Aug. 30, 2019) the plaintiff brought a Fifth Amendment taking case. The plaintiff’s allege that the Army Corps of Engineers’ practiced placing an increasing number and variety of “river training structures” in the Middle Mississippi River which cause water levels to rise, resulting in atypical flooding of their property. According to the plaintiffs, the subjection of their property to such flooding because a permanent taking after 2016, when the federal government declined to provide financing to repair the Len Small Levee which had previously provided some flood protection. The government moved to dismiss Plaintiff’s amended complaint on the grounds that their claim falls outside the Tucker Act’s six-year statute of limitation and that plaintiffs failed to state a claim upon which relief can be granted. The Court agreed with the government and found that the plaintiff failed to carry their burden of establishing by preponderant evidence that their claims did not accrue before August 2, 2012, six years before they filed this suit.

In Alon Refining Krotz Springs, Inc. v. Environmental Protection Agency, No. 16-1052, 2019 WL 4123519 (D.C. Cir. R. Aug. 30, 2018) a group of petroleum refineries and their trade association sought a review of the EPA’s decision not to revise its 2010 point of obligation regulation requiring refineries and importers, but not blenders, to bear the direct compliance obligation of ensuring that transportation fuels sold or introduced into the U.S. market include the requisite percentages of renewables. Coffeyville Resources Refining & Marketing and another group of refineries and trade associates challenge EPA’s refusal to reassess the appropriateness of the point of obligation in the contact of its 2017 annual volumetric rule. The Coffeyville Petitioners also contend that EPA set the 2018 applicable volume for biomass-based diesel too low. Various trade associations representing refineries and producers of renewable fuels have intervened in support of EPA. The Court deny each of the petitions for review.

REGULATORY: Includes CCC, EPA, FWS

COMMODITY CREDIT CORPORATION:

Rule implements the Agriculture Risk Cover (ARC) and Price Loss Coverage (PLC) Programs authorized by the Agricultural Act of 2019, as amended by the Agriculture Improvement Act of 2018. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Rule mandating that EPA is not currently establishing new requirements for hazardous substances under Clean Water Act section 311. Info here.

FISH & WILDLIFE SERVICE

Rule updating, rather than removing, regulations that set forth a means for controlling damage caused by certain depredating scrub jays and Steller’s jays. Info here.