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

In Ebert v. Gen. Mills, Inc., No. 15-1735, 2016 WL 2943193 (8th Cir. May 20, 2016), General Mills challenged district court’s grant of class certification in an environmental contamination lawsuit. Plaintiffs, owners of residential properties in a Minneapolis neighborhood, sued alleging General Mills caused the chemical trichloroethylene (TCE) to be released into the environment at a former General Mills facility, located in the same neighborhood. Plaintiffs claim TCE vapors migrated into the surrounding residential area, threatening residents’ health and diminishing their property values. The earlier finding of a certified class was reversed because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”

In Sanchez v. St. Louis Cty. Pub. Health, No. A15-1908, 2016 WL 2946257 (Minn. Ct. App. May 23, 2016), plaintiff challenged decision by Minnesota Commissioner of Human Services that he was overpaid benefits under the Supplemental Nutrition Assistance Program (SNAP) and Medical Assistance (MA). Case reversed and remanded because commissioner conceded its decision was based on error of law.

In In re Coca-Cola Products Mktg. & Sales Practices Litig. (II), No 14-MD-02555-JSW, 2016 WL 2930964 (N.D. Cal. May 19, 2016), plaintiff alleged Coca-Cola represented that Coke is “and always has been, free of artificial flavors and chemical preservatives,” despite containing phosphoric acid. Court denied Coca Cola’s motion for summary judgment and plaintiff can proceed on claim of breach of express warranty.

S. 2012: Energy Policy Modernization Act of 2016. This bill was added to the House’s schedule for the coming week. The bill passed in the Senate on April 20, 2016 and now goes to the House.

H.R. 897: Reducing Regulatory Burdens Act of 2015. This bill was added to the House’s schedule for the coming week. The bill is provisionally dead due to a failed vote on May 17, 2016 under a fast-track procedure called “suspension.” It may get another vote.

H.R. 5055: Energy and Water Development and Related Agencies Appropriations Act, 2017. This bill was added to the House’s schedule for the coming week. The committees assigned to the bill sent it to the House or Senate as a whole for consideration on April 26, 2016.

FARM CREDIT ADMINISTRATION: Rule implementing inflation adjustments to civil money penalties that FCA may impose or enforce. Info here.

RURAL UTILITIES SERVICE: Notice that RUS seeks public comments on paragraph (e) of section 6407 requiring RUS to plan for measurement and verification of energy efficiency measures funded pursuant to RESP. Info here.