The Food and Drug Administration (FDA) has recently introduced numerous regulations in accordance with the Food Safety Modernization Act (FSMA) enacted in 2011. The FDA’s most recent proposed regulation aims to regulate Foreign Supplier Verification Programs (FSVPs), specifically those that import foodstuffs into the United States for human and animal consumption. In order to participate in import programs with the United States, foreign suppliers will have to comply with U.S. processes and risk-based preventive controls in order to better protect the public health. This is meant to work in conjunction with the Federal Food, Drug, and Cosmetic Act (FD&C Act).
This note revisits eminent domain jurisprudence as applied to a novel situation in Vermont: the taking of private property in Cornwall and Shoreham for the primary purpose of supplying natural gas to a corporate beneficiary across the lake in New York. In March of 2012, International Paper (IP) contacted Vermont Gas Systems to inquire whether Vermont Gas would consider constructing additional natural gas pipeline through western Vermont, under Lake Champlain, to IP’s mill in Ticonderoga, NY. Despite opposition among impacted property owners in Cornwall and Shoreham, this project is now moving forward as part of a larger natural gas pipeline expansion in Vermont’s Addison County. And should the Public Service Board approve the pipeline from VT to NY, Vermont Gas may have to acquire easements on private property through the power of eminent domain.
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