A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

JUDICIAL: Environmental

In Tulelake Irrigation Dist. v. United States Fish & Wildlife Serv., 40 F.4th 930 (9th Cir. 2022), an irrigation district and associated agricultural groups brought action against Fish and Wildlife Service (FWS) alleging that its record of decision adopting combined environmental impact statement (EIS) and comprehensive conservation plan for two national wildlife refuges violated Kuchel Act, National Wildlife Refuge System Improvement Act, National Environmental Policy Act, and Clean Water Act by imposing restrictions on agricultural uses of leased land. The Court of Appeals held that the Kuchel Act required FWS to regulate agricultural uses of leased land in national wildlife refuges to ensure consistency with proper waterfowl management, and agriculture on leased land in national wildlife refuges was a “use,” not a “purpose,” subject to a determination by FWS under National Wildlife Refuge System Improvement Act that it was compatible with waterfowl management.

REGULATORY: CFTC, FWS, FDA, NOAA

COMMODITY FUTURES TRADING COMMISSION

Proposed rule to require derivatives clearing organizations (DCO) to establish and consult with one or more risk management committees comprised of clearing members and customers of clearing members on matters that could materially affect the risk profile of the DCO. Info here.

Notice announcing the renewal of the Agricultural Advisory Committee. Info here.

FISH AND WILDLIFE SERVICE

Notice announcing that the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period. Info here.

FOOD AND DRUG ADMINISTRATION

Final rule announcing the availability of a final guidance for industry entitled “Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation (Layers with Access to Areas Outside the Poultry House): Questions and Answers Regarding the Final Rule.” Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Proposed rule announcing that NOAA/NMFS has received a request from the U.S. Navy to take marine mammals incidental to training activities conducted in the Gulf of Alaska Study Area. Info here.