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 crop insurance, Clean Water Act, and conservation easements.
In JOHN VAN CUREN, as Trustee and Plan Administrator of the Chapter 11 Estate of Michael Hat, f/k/a Michael Hat Farming Company, Plaintiff – Appellant, v. FEDERAL CROP INSURANCE CORPORATION and RISK MANAGEMENT AGENCY, Defendants – Appellees, 2016 WL 3092204 (9th Cir. June 2, 2016), plaintiff trustee sought to enforce a decision by the National Appeals Division of USDA awarding the bankruptcy estate insurance proceeds from claims made by the debtor on a crop insurance policy. Appellate court reversed district court’s prior dismissal of the case.
In WILLIAM F. HOLDNER, D.B.A. HOLDNER FARMS Plaintiff, v. KATY COBA, DIRECTOR OF OREGON DEPT. OF AGRICULTURE, IN HER INDIVIDUAL AND OFFICIAL CAPACITY; DICK PEDERSON, DIRECTOR OF THE OREGON DEPT. OF ENVIRONMENTAL QUALITY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, Defendants, 2016 WL 3102053 (D. Oregon. June 01, 2016), plaintiff filed civil rights claim arising from Oregon Department of Agriculture’s regulation of his cattle ranch and later criminal prosecution for violation of state water pollution statues. Plaintiff argued state lacked authority to regulate his livestock operations and lacked authority to enforce the CWA. The court, citing the Federal Register, stated, “the EPA has affirmatively determined that Oregon meets the criteria under the CWA to administer the NPDES permit program in lieu of the EPA.” Defendant’s motion to dismiss was granted.
In Telzrow v. United States, 2016 WL 3034436 (Fed. Cl. May 26, 2016), plaintiffs alleged USDA breached a contract for wetlands conservation on their farm involving wetlands restoration work regarding a conservation easement. The government opposed the entry of default and requested leave to file motion to dismiss for lack of jurisdiction. Government’s motion to dismiss granted in part, as the court lacked jurisdiction over plaintiffs’ claim for a declaration that easement was invalid.
REGULATORY: Includes EPA, FCA, RBCS and RUS notices.
ENVIRONMENTAL PROTECTION AGENCY: Notice announcing availability of EPA’s draft ecological risk assessments for the registration review of atrazine, propazine, and simazine. Info here.
FARM CREDIT ADMINISTRATION: Notice of the regular meeting of the Farm Credit Administration Board. Info here.
RURAL BUSINESS-COOPERATIVE SERVICE: Notice RBCS announces competitive grant funds for FY-2016 Socially-Disadvantaged Groups Grant program. Info here.
RURAL UTILITIES SERVICE: Notice RUS published in the Federal Register, on May 24, 2016, a Notice of Comment Solicitation, Rural Energy Savings Program. An inaccurate citation to the CFR was included in the Notice. Details here.