A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes bankruptcy, NEPA and contract issues.
United States ex rel. Yelverton v. Fed. Ins. Co., No. 15-7045, 2016 WL 4151238 (D.C. Cir. Aug. 5, 2016) involved a number of appeals from a family farm bankruptcy settlement agreement. Appellate court found district court acted within its discretion in entering a “pre-filing injunction against the filing of new actions by plaintiff in that court without the court’s permission.” It then addressed whether the injunction covered an appeal to the district court of an action “initially filed in the bankruptcy court.” Court examined whether it is clear that bringing a bankruptcy appeal to the district court qualifies as “filing a ‘new civil action’ in that court.” In dismissing two of plaintiff’s three appeals in the case, the Court reasoned that “there are important distinctions between the treatment of bankruptcy appeals and that of civil actions filed originally in district court.” Ultimately, appellate court could not determine that “bringing a bankruptcy appeal to the district court constitutes ‘filing a new civil action.’”
In re Loganbill, No. 11-21349-DRD12, 2016 WL 4132782 (Bankr. W.D. Mo. Aug. 1, 2016) concerned a bankruptcy proceeding involving a motion to convert a Chapter 12 case to a Chapter 7 pursuant to Bankruptcy Code Section 1208(d). Section 1208(d) gives bankruptcy courts the option of converting a Chapter 12 case to Chapter 7, once fraud is shown. The court noted that “A clear pattern of deliberate fraud perpetrated with the intent to hinder, delay and defraud the creditors of the debtors is sufficient to support a finding of fraud under § 1208(d).” Court found fraud and converted debtors’ Chapter 12 case to Chapter 7.
Union Neighbors United, Inc. v. Jewell, No. 15-5147, 2016 WL 4151237 (D.C. Cir. Aug. 5, 2016) involved construction of a wind farm by Buckeye Wind, LLC, which posed a danger to the Indiana bat, an endangered species. US Fish and Wildlife (FWS) issued Buckeye an incidental take permit after review of its conservation plan. Plaintiff appealed issuance of the permit claiming FWS failed to comply with its obligations under both the National Environmental Procedures Act (NEPA) and the Endangered Species Act. The court found FWS “failed to comply with its NEPA obligations when it failed to consider an economically feasible alternative that would take fewer bats than Buckeye’s proposal,” and concluded that FWS’ “issuance of the ITP was arbitrary and capricious.” Appellate court found FWS violated NEPA, but not the ESA.
In Finstad v. Beresford Bancorporation, Inc., No. 15-2814, 2016 WL 4150921 (8th Cir. Aug. 5, 2016), plaintiff alleged defendant breached the terms of an option contract by selling their former farm to buyers and also claimed buyers “tortiously interfered with their contract with defendant.” Plaintiff unable to prove a contract with defendant existed and therefore, had no standing to challenge deed in question. Summary judgment for defendant affirmed.
REGULATORY: Includes AMS, FCIC, FNS, FS and NMFS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule informing public that AMS is removing the Program to Assess Organic Certifying Agencies from the CFR. Info here.
Notice announcing AMS will request an extension and revision to the approved information collection for marketing orders covering various vegetable and specialty crops. Details here.
FEDERAL CROP INSURANCE CORPORATION:
Rule this document contains a correction to the link in the definition of “limited resource farmer” currently provided in the CFR. Details here.
Rule this document contains corrections to the final regulation which was published June 13, 2016 (81 FR 38061-38067). The regulation related to insurance of Texas Citrus Fruit. Info here.
FOOD AND NUTRITION SERVICE: Notice announcing the national average value of donated foods, or cash in lieu of donated foods, to be provided in school year 2017 for each lunch served by schools participating in the National School Lunch Program. Details here.
FOREST SERVICE:
Notice the White Mountain National Forest proposes to add Zealand Picnic Area to the Recreation Fee Program. Details here.
Notice the Lake Tahoe Basin Federal Advisory Committee will meet in South Lake Tahoe, CA. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Notice the Caribbean Fishery Management Council will hold its 157th meeting. Info here.
Notice the National Oceanic and Atmospheric Administration, Office for Coastal Management will hold a public meeting to solicit comments on the performance evaluation of the New Hampshire Coastal Management Program. Info here.