A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu

In THE HUMANE SOCIETY OF THE UNITED STATES & SOUND RIVERS, INC., Plaintiffs, v. THE HANOR COMPANY OF WISCONSIN, LLC, Defendant., No. 4:15-CV-109-FL, 2016 WL 3435192 (E.D.N.C. June 17, 2016), plaintiffs sued under the citizen suit provision of the Emergency Planning and Community Right-to-Know Act (EPCRA), alleging violations at defendant’s concentrated animal feeding operation and a failure to comply with emergency notification requirements of EPCRA. Defendant countered plaintiffs’ suit should be dismissed for failure to state a claim and is barred by the “diligent prosecution limitation” on citizen suits under EPCRA. The court noted similar diligent prosecution provisions under the Clean Water Act (CWA), but concluded that “unlike the CWA provision, EPCRA explicitly bars citizen suits where there is an ongoing administrative action.” The court further reasoned that “if the government is engaged in a course of action . . . which is intended to ultimately enforce the EPCRA requirement, that may meet the requirements of ‘diligent pursuit.’” However, defendant did not provide sufficient evidence and their motion for dismissal was denied.

REGULATORY: Includes EPA, FSIS, FS and NFMS rules and notices.

ENVIRONMENTAL PROTECTION AGENCY: Rule EPA proposes to approve a modification of the ocean dredged material disposal site offshore of Charleston, South Carolina pursuant to the Marine Protection, Research and Sanctuaries Act. Info here.

FOOD SAFETY AND INSPECTION SERVICE: Rule FSIS amends the Federal meat inspection regulations to add Namibia to list of countries eligible to export meat and meat products to the United States. Details here.

FOREST SERVICE: Notice USDA will re-establish the Black Hills National Forest Advisory Board. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS issues regulations to implement Regulatory Amendment 25 for the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region as prepared and submitted by the South Atlantic Fishery Management Council. Info here.

Notice Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, made a preliminary determination that an Exempted Fishing Permit application from the Massachusetts Division of Marine Fisheries contains all required information and warrants further consideration. Info here.