A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes Water Law, Environmental, Clean Water Act
In Pacific Coast Federation of Fishermen’s Associations v. Glaser, No. 17-17130 (2019 WL 4230097, 9th US Ct. App) the court reversed and remanded a previous decision. The California’s Central Valley features some of the most fertile agricultural land in the United States, but typically received less rainfall than necessary to cultivate the crops. To address the problem, the federal government constructed and managed several irrigation and drainage projects. Plaintiffs, a group of commercial fishermen, recreationist, biologist, and conservation organizations allege that the drainage system managed by the defendants discharges pollutants into surrounding water, in violation of the Clean Water Act.
REGULATORY: Includes FERC, FWS
FEDERAL ENERGY REGULATORY COMMISSION
Notice that a hydroelectric application for boundary modifications on an existing hydroelectric project located on the Bear River in California has been filed with the Commission and is available for public inspection. Info here.
FISH & WILDLIFE SERVICE
Proposed rule to not initiate a status review of Yellowstone National Park bison to determine if that population should be added to the list of endangered species under the Endangered Species Act. Info here.
Proposed rule to initiate review of a petition to revise the critical habitat designation for the currently listed Mount Graham red squirrel under the Endangered Species Act. Info here.
Proposed rule to initiate a review of the status of the Mojave poppy bee to determine whether the species should be listed under the Endangered Species Act. Info here.
Notice of availability of the final environmental impact statement analyzing the impacts of issuance of an incidental take permit for implementation of the Lower Colorado River Authority’s Transmission Services Corporation’s Habitat Conservation plan. The incidental take permit authorizes incidental take of 22 list and 1 unlisted species under the Endangered Species Act. Info here.