A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes livestock quarantine, FTCA
In Cascabel Cattle Co., LLC v. U.S., No. 19-40077, 2020 WL 1670759 (5th Cir. April. 6, 2020) the Fifth Circuit Court of Appeals considered an appeal of a lower court decision concluding that the plaintiff’s allegations that the federal government violated the Federal Tort Claims Act (“FTCA”) should be dismissed for lack of jurisdiction. The plaintiff claims that the federal government violated the FTCA when it negligently harmed the plaintiff’s cattle when government personnel were keeping the cattle in a fever tick quarantine during 2014. The district court dismissed the lawsuit, concluding that the plaintiff’s claim was barred by the quarantine exception to the FTCA. On appeal, the appellate court agreed with the district court and affirmed its decision.
The FTCA allows private parties to sue the United States in federal court for most torts committed by persons acting on behalf of the United States However, the quarantine exception to the FTCA provides that the statute does not apply to any claim caused by the establishment or imposition of a quarantine by the United States. Because the harm caused to the plaintiff’s cattle occurred during a quarantine imposed by the United States, the court concluded that the plaintiff was unable to bring their claim.
REGULATORY: Includes NOAA
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Temporary rule opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area. Info here.
Temporary rule closing the 2020 fishing season for the red snapper private angling component in the exclusive economic zone off Texas in the Gulf of Mexico through this temporary rule. Info here.