A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes NEPA, environmental law
In Wild Virginia v. Council on Envtl. Quality, No. 3:20CV00045, 2021 WL 2521561 (W.D. Va. June 21, 2021), a federal court in the Western District of Virginia dismissed a lawsuit challenging regulations for the National Environmental Policy Act (“NEPA”) that were issued in 2020. Those regulations were the first to be promulgated for NEPA since 1978, and made significant changes to the NEPA process. This prompted the plaintiffs, all environmental groups, to file suit. According to the plaintiffs, the 2020 NEPA regulations should be set aside because the notice-and-comment rulemaking process used to promulgate them was defective. Ultimately, the court dismissed the case because the plaintiffs’ claims were nonjusticiable, and the plaintiffs lacked standing.
In order for a plaintiff’s claims to be justiciable, they must be ripe. In other words, the plaintiff’s claims must be appropriate for judicial resolution when the case is filed. Here, the court determined that the plaintiffs’ claims lacked ripeness because the 2020 regulations do not directly regulate the plaintiffs, and additional procedural actions must occur before those regulations impact the consideration of a proposed federal agency project. According to the court, judicial review of the 2020 regulations would be more appropriate further down the line after they have been used to conduct a NEPA process for a proposed federal agency action. Additionally, the court found that the plaintiffs did not have standing to bring their claims. In order to have standing to bring an issue before a court, a plaintiff must show that they have suffered an injury, that the injury is related to an action taken by the defendant, and that the court has the ability to redress the wrongdoing. Here, the court found that the plaintiffs were unable to show that they had suffered an actual injury. Therefore, the case was dismissed.
REGULATORY: EPA, NOAA
Environmental Protection Agency
Notice that EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Info here.
Notice announcing EPA’s receipt of application 94614-EUP-R from GreenLight Biosciences, Inc. requesting an experimental use permit for Ledprona (CAS No. 2433753-68-3). Info here.
National Oceanic and Atmospheric Administration
Notice announcing that the State of North Carolina and the Commonwealth of Virginia are transferring a portion of their 2021 commercial summer flounder quota to the Commonwealth of Massachusetts and to the State of New Jersey, respectively. Info here.
LEGISLATIVE: Includes Maine
MAINE
LD 437 creates a state Healthy Soils Program to improve, promote, and protect the state’s agricultural soils and commodities. Info here.
LEGISLATIVE: Includes Florida
FLORIDA
SB 628 establishes the Urban Agriculture Pilot Project Act, and authorizes the state’s Department of Agriculture and Consumer Services to approve these pilot projects. Info here.
LEGISLATIVE: Includes Florida
FLORIDA
SB 1018 requires the state’s Department of Agriculture and Consumer Services to adopt rules requiring certain facilities that culture Florida largemouth bass to maintain stock acquisition documents or records of genetic testing, and also authorizes the sale of Florida largemouth bass as food fish under certain circumstances. Info here.