The following information is a comprehensive, though not necessarily exhaustive, summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Many of the summaries provide links to primary documents or websites with additional resources. Please email important additions to: camarigg@uark.edu
In JEFF ANDERSON; BRET ADEE; DAVID HACKENBERG; LUCAS CRISWELL; GAIL FULLER; CENTER FOR FOOD SAFETY; AMERICAN BIRD CONSERVANCY; PESTICIDE ACTION NETWORK NORTH AMERICA; POLLINATOR STEWARDSHIP COUNCIL, Plaintiffs, v. GINA MCCARTHY; ENVIRONMENTAL PROTECTION AGENCY, Defendants., No. C 16-00068 WHA, 2016 WL 2770544 (N.D. Cal. May 13, 2016), the plaintiffs, consisting of bee keepers, farmers, and others, challenged the EPA’s regulation of pesticides. In 2013, the EPA issued a “Guidance for Inspecting Alleged Cases of Pesticide Related Bee Incidents.” This new policy was never published in a formal regulation and the plaintiffs alleged that the 2013 Guidance constituted a final agency action reviewable under the Administrative Procedure Act. Defendant’s motion to dismiss was denied.
In Idaho Rivers United v. Probert, No. 3:16-CV-00102-CWD, 2016 WL 2757690 (D. Idaho May 12, 2016), the court granted the plaintiff’s Motion for Preliminary Injunction seeking to enjoin the Johnson Bar Timber Salvage Project. (The Project seeks to use tractor and helicopter logging systems to harvest trees killed by the Johnson Bar wildfire).
S. 1523: This bill would amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program. The Senate agreed to the House amendment to the Senate bill by unanimous consent. The bill was passed by Congress on May 12 and now goes to the President.
H.R. 5214: This bill would amend the Social Security Act, the Food and Nutrition Act of 2008, and the Low-Income Home Energy Assistance Act of 1981. It was referred to the House Committee on Agriculture, House Committee on Education and the Workforce, and 2 other committees for consideration before sending it to the House floor. Sponsor: Rep. Matthew Cartwright [D-PA17]
H.R. 5215: This bill would amend the Food and Nutrition Act of 2008 to require that supplemental nutrition assistance program benefits be calculated with reference to the cost of the low-cost food plan. The bill was referred to the House Committee on Agriculture for review before it goes to the House floor. Sponsor: Rep. Alma Adams [D-NC12]
H.R. 5217: This bill was introduced to affirm “The Agreement Between the United States and Westlands Water District” dated September 15, 2015. The bill was referred to the House Committee on Natural Resources for consideration before sending it to the House floor. Sponsor: Rep. Jim Costa [D-CA16]
Meeting: Senate Committee on Agriculture, Nutrition, and Forestry will meet to examine the Farm Credit System on May 19 at 10:15 a.m in SR-328A.
COMMODITY FUTURES TRADING COMMISSION: Notice that the CFTC proposes an amendment to an order exempting specified transactions from certain provisions of the Commodity Exchange Act and Commission regulations. Details here.
ENVIRONMENTAL PROTECTION AGENCY: Rule that the Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting air emissions having adverse air quality effects in other states. On October 20, 2015, the State of Oregon made a submittal to the EPA to address these requirements and the EPA approves the submittal.
ENVIRONMENTAL PROTECTION AGENCY: Notice that the EPA responded to a petition for reconsideration of a final rule promulgating amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP): Off-Site Waste and Recovery Operations (OSWRO) based on our residual risk and technology review (RTR) conducted for the OSWRO source category. Details here.
ENVIRONMENTAL PROTECTION AGENCY: Rule that the EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 55 chemical substances. This action requires persons who intend to manufacture or process any of these 55 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. Details here.
FOOD AND DRUG ADMINISTRATION: Notice that the FDA announces the availability of a draft guidance for the industry entitled “Qualified Facility Attestation Using Form FDA 3942a (for Human Food) or Form FDA 3942b (for Animal Food).” Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Notice that NMFS announces that the Northern Gulf of Maine Scallop Management Area will close for the remainder of the 2016 fishing year. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Rule announcing that the 2016 U.S. Total Allowable Catch (TAC) of 367,553 metric tons of Pacific whiting. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Notice that NMFS is opening directed fishing for deep-water species fishery by vessels using trawl gear in the Gulf of Alaska. Info here.