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

JUDICIAL: Includes Constitutional law, due process

In Drewes Farms P’ship v. City of Toldeo, No. 3:19 CV 434, 2020 WL 966628 (N.D. Ohio Feb. 27, 2020) the court considered a challenge to the Lake Erie Bill of Rights (“LEBOR”) which the citizens of Toldeo, Ohio voted to add to the City Charter in February, 2019. The plaintiff, a farming partnership that grows crops in four counties near Toldeo, brought suit against the Cit of Toldeo (“City”) arguing that the LEBOR violates the Fourteenth Amendment of the United States Constitution which protects the rights to due process. According to the plaintiff, the LEBOR violated the essential element of the Fourteenth Amendment that requires clarity of the laws. The court agreed with the plaintiffs, and concluded that the LEBOR was so vague as to violate the Fourteenth Amendment because it prohibited any infringement of the rights of Lake Erie to “exist, flourish, and naturally evolve,” but did not explain what kind of conduct would infringe those rights. Therefore, the court vacated the LEBOR in its entirety.

REGULATORY: Includes APHIS, CCC, EPA

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

Final rule amending the Lacey Act regulations to establish an exception to the declaration requirement for products containing a minimal amount of plant materials. Info here.

COMMODITY CREDIT CORPORATION

Final rule implementing changes to the payment limitation, native sod provisions, and clarifies when Noninsured Crop Disaster Assistance Program coverage is available for crops and adds provisions for eligibility and program requirements for new producers or producers with less than 1-year growing experience with a new crop. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Final rule establishing procedures for conducting on-site civil inspections, as contemplated by the objectives outlined in the October 9, 2019 Executive Order (E.O.) 13892, Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication. Info here.

Notice of proposed revisions to the federal pesticide applicator certification plan to certify applicators of restricted use pesticides in areas of Indian country that are not covered by any other EPA-approved certification plan. Info here.

LEGISLATIVE: South Dakota, Utah

SOUTH DAKOTA

HB 1007 requires certain adjustments to the assessed value of agricultural land if factors impact the land’s productivity. Info here.

UTAH

HB 18 makes amendments to the industrial hemp program. Info here.

HB 129 modifies the Energy Resource Procurement Act by amending provisions related to natural gas infrastructure. Info here.