The decades-long battle over organic certification of hydroponically grown foods is poised for resolution, with the Ninth Circuit Court of Appeals set to decide an appeal by the Center for Food Safety (CFS) in a case that seeks to block certification of foods not grown in soil.  On May 19, 2021, CFS filed an appeal asking the Ninth Circuit to reverse a district court decision upholding the U.S. Department of Agriculture’s determination that hydroponically grown foods are eligible for certification under the National Organic Program (NOP).  The outcome of the appeal could have significant implications both for hydroponically grown fruits and vegetables and for other soil-less crops, including mushrooms and sprouts.
Continue Reading Organics Advocates Dig In With Ninth Circuit Appeal Challenging Certification for Hydroponics

In re Big Thorne Project and 2008 Tongass Forest Plan, __ F.3d __, 2017 WL 2233755 (9th Cir. May 23, 2017). Plaintiffs, environmental conservation and activist organizations, brought suit against the U.S. Forest Service and Department of Agriculture (collectively, “Forest Service”) on behalf of individuals who fish, hunt, and “enjoy” Alaska’s Tongass National Forest. Id. at *3. Plaintiffs alleged that the Forest Service violated the National Forest Management Act (the “Act”) by approving either the 2008 Tongass Forest Plan or the Big Thorne logging project. Id. at *2. The Ninth Circuit affirmed the district court’s summary judgment in favor of the Forest Service, holding that the Forest Service’s approval was neither arbitrary nor capricious because the Act expressly grants the Forest Service discretion to balance competing interests, and the Forest Service reached its determination after a thorough analysis rationally supported by the evidence. Id. at *5.
Continue Reading Ninth Circuit Affirms Forest Service’s Authority to “Choose Jobs Over Wolves”