A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
CASE LAW: Today’s cases include defamation, accommodation doctrine, bankruptcy, UCC, and the Lanham Act.
In Hagemann v. Christensen, 2016 IL App (2d) 150864-U, plaintiffs alleged defendant defamed them when he posted a false statement on Craigslist concerning money owed from an agricultural lease. Trial court granted plaintiffs’ motion for summary judgment as to liability.
In Coyote Lake Ranch, LLC v. City of Lubbock, No. 14-0572, 2016 WL 3176683 (Tex. May 27, 2016) a landowner sued for inverse condemnation seeking to enjoin defendant from implementing a proposed well plan. Court held the “accommodation doctrine” applies as between a landowner and the owner of an interest in groundwater. Case remanded to trial court for further proceedings.
In In re: JAY P. CLARK, DBA Crystal Springs Ranch, Debtor, JAY P. CLARK, DBA Crystal Springs Ranch, Appellant, v. TOM DEVRIES; DEVRIES FAMILY FARM, LLC; SIMPLOT GROWER SOLUTIONS; MURPHY LAND COMPANY, LLC, Appellees., No. 14-35242, 2016 WL 3317967 (9th Cir. June 15, 2016), a bankruptcy judge’s decision to convert debtor’s case from Chapter 12 to Chapter 7 was not an abuse of discretion where debtor acted in bad faith.
All. for the Wild Rockies v. United States Forest Serv., No. 1:15-CV-00193-EJL, 2016 WL 3349221 (D. Idaho June 14, 2016), concerned a TRO blocking the Lost Creek/Boulder Creek Restoration Project approved by the USFS. Court denied plaintiff’s motion for a TRO, declaring the Project’s intended purpose is to “improve environmental conditions by restoring the forest to historical conditions which will improve watersheds and habitat and reduce wildfire risks.”
Deere & Co. v. Rebel Auction Co., Inc., No. CV 315-072, 2016 WL 3181148 (S.D. Ga. June 3, 2016), involved a loan contract-security agreement in favor of the plaintiff, granting a security interest in agricultural equipment. The court concluded the defendant, an auctioneer, was obligated to perform a UCC search to “protect themselves from liability for conversion.”
HANDSOME BROOK FARM, LLC, Plaintiff, v. HUMANE FARM ANIMAL CARE, INC., Defendant., No. 116CV592JCCMSN, 2016 WL 3348431 (E.D. Va. June 15, 2016) involved plaintiff’s motion for a preliminary injunction regarding an email sent by defendant containing false information in violation of the Lanham Act. Defendant ordered to send a corrective email.
LEGISLATIVE: Includes Water Resources Development Act and EPA bill.
S. 2848: Water Resources Development Act of 2016
The bill’s text for status Reported by Senate Committee (Jun 20, 2016) is now available.
Bill referred to the House Committee on Agriculture, House Committee on Energy and Commerce, and 2 other committees for consideration before it goes to the House. Sponsor: Rep. Jason Smith [R-MO8]
H.R. 5584: To prohibit the sale of shark fins, and for other purposes.
Bill referred to the House Committee on Foreign Affairs, House Committee on Natural Resources, and one other committee for consideration before it goes to the House. Sponsor: Rep. Gregorio Sablan [I-MP0]
REGULATORY: Includes AMS, EPA, FCIC, FDA and RUS Rules and Notices.
ADVOCACY AND OUTREACH OFFICE: Notice announcing availability of funds through the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers Program. Info here.
AGRICULTURAL MARKETING SERVICE: Rule implementing a recommendation from the California Desert Grape Administrative Committee for an increase of the assessment rate from $0.0250 to $0.0300 per 18-pound lug of grapes. Details here.
Rule that AMS revises the United States Standards for Grades of Processed Raisins by removing five references to the term “midget” throughout the standards. Info here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE: Rule amending regulations to provide the flexibility needed for persons to take advantage of electronic systems when a regulation has a limiting requirement. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule announcing EPA’s receipt of pesticide petitions requesting establishment of regulations for residues of pesticide chemicals in or on commodities. Info here.
Notice EPA has received exemption requests from the Montana and the North Dakota Departments of Agriculture to use the herbicide pyridate on chickpea to control kochia. Info here.
FEDERAL AVIATION ADMINISTRATION: Notice to improve the public’s awareness of the FAA’s exemption process. Info here.
FEDERAL CROP INSURANCE COMMISSION: Rule addressing qualifications for double cropping; and when it is practical to replant. Info here.
FOOD AND DRUG ADMINISTRATION: Notice that a proposed collection of information was submitted to the OMB for review. Info here.
Rule that FDA extends the comment period for final rule amending regulations for food additives permitted in feed and drinking water of animals. Details here.
FOOD AND NUTRITION SERVICE: Rule containing corrections to the final rule, “Requirements for the Distribution and Control of Donated Foods—The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014.” Info here.
Notice the Department of Agriculture has submitted the following information collection requirement(s) to OMB for review. Title: Community Eligibility Provision Characteristics Study. Info here.
GRAIN INSPECTION, PACKERS AND STOCK YARDS ADMINISTRATION: Notice Department of Agriculture submitted information collection requirement(s) to OMB for review. Info here.
NATIONAL AGRICULTURAL LIBRARY: Notice announcing NAL’s intent to request renewal of an information collection to obtain an evaluation of user satisfaction with NAL Internet sites. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Notice Department of Agriculture submitted information collection requirement(s) to OMB for review. Info here.
RURAL UTILITIES SERVICE: Notice that RUS published a document in the Federal Register of June 14, 2016, concerning Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes Loan Program. The document contained incorrect dates. Info here.
Notice that RUS solicits letters of intent for loan applications under the Rural Energy Savings Program (RESP). Details here.