A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes water law, water rights
In Stanford Vina Ranch Irrigation Co. v. State, No. C085762, 2020 WL 3396269 (Cal. Ct. App. June 18, 2020), the court considered an appeal of a lower court decision upholding the California State Water Resources Control Board’s (“Board”) issuance of temporary emergency regulations which established minimum flow requirements on three tributaries of the Sacramento River during a severe drought. In its appeal, the plaintiff argues that the Board lacked the authority to issue the emergency regulations, and that it improperly implemented those regulations by issuing curtailment orders. The court was not persuaded by either argument. According to the court, the emergency regulations were within the Board’s regulatory authority to adopt because they further the Board’s constitutional and statutory mandate to “prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state.” In response to the plaintiff’s second argument, the court determined that the Board had not improperly implemented the emergency regulations because it appropriately applied to regulations to the facts. Evidence showed that if the Board had not issued a curtailment order to the plaintiff, the flow of water from the tributary the plaintiff diverts from would have fell below the emergency minimum flow requirements. Therefore, the court upheld the lower court’s decision finding that the Board had the authority to issue the emergency regulations.
REGULATORY: Includes NOAA, EPA
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Proposed rule to set management measures for the gray snapper stock described in Amendment 51 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. Info here.
Final rule implementing annual harvest specifications and management measures for the northern subpopulation of Pacific sardine for the fishing year from July 1, 2020, through June 30, 2021. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing tolerances for residues of S-metolachlor in or on multiple commodities. Info here.
Final rule establishing an exemption from the requirement of a tolerance for residues of 2-propenoic acid, homopolymer, ester with α-methyl-ω-hydroxypoly(oxy-1,2-ethanediyl) and α-[2,4,6-tris(1-phenylethyl)phenyl]-ω-hydroxypoly(oxy-1,2-ethanediyl), graft, sodium salt; when used as an inert ingredient in a pesticide chemical formulation. Info here.
Final rule establishing tolerances for residues of oxathiapiprolin in or on multiple commodities. Info here.
Final rule establishing a temporary exemption from the requirement of a tolerance for residues of 1-aminocyclopropane-1-carboxylic acid (ACC) in or on apples and stone fruits when used in accordance with the terms of the Experimental Use Permit (EUP) under EPA Number 73049-EUP-12. Info here.
LEGISLATIVE: Includes Mississippi
SB 2930 makes an appropriation for the support and maintenance of the Mississippi Agricultural and Forestry Experiment Station. Info here.