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

In NORTHWEST BANK f/k/a NORTHWEST SAVINGS BANK, a Pennsylvania state-chartered savings association, Plaintiff, v. MCKEE FAMILY FARMS, INC. et al., Defendants., No. 3:15-CV-01576-MO, 2016 WL 2841205 (D. Or. May 12, 2016), plaintiff argued defendants’ grain producer liens (“GPLs”) did not have priority over plaintiff’s security interest because defendants did not properly notify plaintiff. Court sided with defendant and determined that “notice provisions for extending GPLs requires only that growers send notice to those on file with Oregon’s Secretary of State.”

In UNITED STATES OF AMERICA, Plaintiff, vs. 1) CHARLES GREGORY MORRIS, a.k.a. Charles G. Morris, a.k.a. Charles Morris; et al., Defendants., No. 15-CV-36-JHP, 2016 WL 2858823 (May 16, 2016), plaintiff brought a foreclosure action on behalf of the Farm Service Agency (FSA) under 28 U.S.C. § 1345. The United States alleged defendant defaulted on mortgage payments for property listed in the Complaint and was granted summary judgment against defendant as the court found no genuine issue of material fact disputing his liability.

In RESOLUTE FOREST PRODUCTS, INC., Plaintiff, v. U.S. DEPARTMENT OF AGRICULTURE, et al., Defendants., No. CV 14-2103 (JEB), 2016 WL 2885869 (D.D.C. May 17, 2016), plaintiff took issue with USDA’s Softwood Lumber Checkoff Order requiring any softwood-lumber domestic manufacturer or foreign importer who produces or imports more than 15 million board feet (15mmbf) per year to pay a mandatory assessment on all softwood lumber shipped above that amount. Court found USDA’s promulgation of the Checkoff Order was “arbitrary and capricious.”

In Am. Beverage Ass’n v. City & Cty. of San Francisco, No. 15-CV-03415-EMC, 2016 WL 2865893 (N.D. Cal. May 17, 2016), plaintiffs filed suit challenging two ordinances requiring advertisements related to sugar-sweetened beverages display a warning stating: “ ‘WARNING: Drinking beverages with added sugar(s)2 contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.’ ” [S.F. Health Code § 4203(a)]. Plaintiffs contend the ordinances violate constitutional right of free speech. Court denied plaintiffs’ motion for a preliminary injunction.

Brasher v. Christensen, 2016 UT App 100, involved a dispute over terms of lease of water shares. Plaintiff appealed order of trial court dismissing his complaint for breach of contract, but appellate court affirmed.

S. 1335: North Pacific Fisheries Convention Implementation Act

This bill passed Senate with an amendment by Unanimous Consent on May 17, 2016 and now goes to the House.

H.R. 5226: Regulatory Integrity Act of 2016

A bill to provide better transparency to the federal government’s rulemaking process. Per the Columbia Basin Herald, the legislation “comes in the wake of the Environmental Protection Agency’s (EPA) efforts during the public rulemaking process for the Waters of the United States (WOTUS) rule.” Text of the bill may be viewed here.

H.R. 5247: California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act

This bill’s text available here.

H.R. 5259: To direct the Secretary of the Interior to reestablish the Royalty Policy Committee in order to further a more consultative process with key Federal, State, tribal, environmental, and energy stakeholders, and for other purposes

This bill was referred to the House Committee on Natural Resources which will consider it before sending it to the House floor. Sponsor: Rep. Ryan Zinke [R-MT]

Meeting: House Committee on Agriculture: Subcommittee on Livestock and Foreign Agriculture Meeting will focus on the Farm Economy. May 24 at 10 a.m.(Location: LHOB 1300)

Meeting: Senate Committee on Environment and Public Works: Subcommittee on Fisheries, Water, and Wildlife Meeting. These hearings will examine the definition of Waters of the United States. May 24 at 2:30 p.m. (Location: SD-406)

Meeting: House Committee on Agriculture Meeting will focus on “Food Waste from Field to Table.” May 25 at 10 a.m. (Location: LHOB 1300)

AGRICULTURAL RESEARCH SERVICE:

Notice USDA intends to grant to Barenbrug USA of Tangent, Oregon, an exclusive license to the variety of tall fescue described in Plant Variety Protection Certificate Application Number 201500219. Info here.

Notice USDA intends to grant to Oceanus Seafood, LLC of Homestead, Florida, an exclusive license to U.S. Patent Application Serial No. 14/479,654. Info here.

Notice USDA intends to grant to Barenbrug USA of Tangent, Oregon, an exclusive license to the variety of tall fescue described in Plant Variety Protection Certificate Application Number 201500220. Info here.

ENVIRONMENTAL PROTECTION AGENCY:

Rule establishing a tolerance for maleic anhydride when used as a stabilizer in pesticide formulations applied to growing crops at a maximum concentration not exceeding 3.5% by weight in the pesticide formulation. Details here.

Rule proposing EPA’s receipt of several initial filings of pesticide petitions seeking establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. Info here.

RURAL HOUSING SERVICE:

Notice announcing RHS’s intention to request an extension for an approved information collection in support of “Section 515 Multifamily Preservation and Revitalization (MPR) Demonstration Program for Fiscal Year 2006”. Info here.

Notice that RHS has submitted information collection requirements to OMB for review. Details here.

RURAL UTILITIES SERVICE:

Notice that RUS invites comments on information collection for which it will request approval from OMB. Info here.

Notice that RUS invites comments on information collection for which it will request approval from OMB. Info here.