Federal Court Upholds Treated Seeds Exemption
- December 3, 2024
- Brigit Rollins
A federal court in the Northern District of California has recently ruled that the Environmental Protection Agency (“EPA”) does not have...
D.C. Circuit Rules CEQ Lacks Rulemaking Authority
- November 19, 2024
- Brigit Rollins
In a 2-1 decision issued earlier this month, the D.C. Circuit Court of Appeals concluded that the Council on Environmental Quality...
Texas Files Suit Against FWS For Decision to List Mussels As Endangered
- November 5, 2024
- Brigit Rollins
In late October, 2024, the state of Texas filed a lawsuit against the Department of Interior and the United States Fish...
WOTUS Update: Judge Recommends Resolving CWA Dispute in Favor of Landowner Following Sackett Decision
- October 22, 2024
- Brigit Rollins
In late September, a federal judge for the Southern District of Florida recommended that an on-going case be resolved in favor...
EPA Releases Vulnerable Species Action Plan
- October 10, 2024
- Brigit Rollins
On September 25, 2024, the Environmental Protection Agency (“EPA”) released its Vulnerable Species Action Plan (“VSAP”), the finalized version of its...
When Wetlands Go Dry: Prior Converted Cropland under Swampbuster and the CWA
- September 19, 2024
- Brigit Rollins
The Wetland Conservation provisions of the Food Security Act of 1985, known colloquially as “Swampbuster,” introduced a new program to promote...
EPA Publishes Highly-Anticipated Final Herbicide Strategy
- September 5, 2024
- Brigit Rollins
On August 20, 2024, the Environmental Protection Agency (“EPA”) released its final Herbicide Strategy. The document, which was released in a...
Third Circuit Rules Failure to Warn Claims Preempted by FIFRA
- August 22, 2024
- Brigit Rollins
The Third Circuit Court of Appeals has split from the Ninth and Eleventh Circuits by concluding that the Federal Insecticide, Fungicide...
EPA Releases Draft Insecticide Strategy
- August 13, 2024
- Brigit Rollins
On July 25, 2024, the Environmental Protection Agency (“EPA”) released its highly anticipated draft Insecticide Strategy, the latest step in the...
Farm Bill 2024: Themes in the Proposed Conservation Titles
- July 30, 2024
- Brigit Rollins
The Farm Bill is an omnibus bill enacted approximately every five years that authorizes and funds most programs administered by the...
SCOTUS Rejects Consent Decree Over Rio Grande
- July 16, 2024
- Brigit Rollins
On June 21, 2024, the United States Supreme Court issued a ruling in Texas v. New Mexico, No. 141, Orig, (2024),...
Supreme Court Overturns Long-Standing “Chevron” Doctrine
- July 2, 2024
- Brigit Rollins
On June 28, 2024, the United States Supreme Court issued its highly anticipated decision in Loper Bright Enters. v. Raimondo, No....
Eleventh & Ninth Circuits Issue Decisions in Glyphosate Lawsuits
- June 18, 2024
- Brigit Rollins
The last several months have seen numerous developments in the on-going litigation filed by plaintiffs who claim that glyphosate-based pesticide products...
Ag & the ESA: When a Species is Listed “Wherever Found”
- June 11, 2024
- Brigit Rollins
The Endangered Species Act (“ESA”) is widely recognized as one of the strongest wildlife protection laws in the world. The primary...
Colorado Legislature Passes Wetlands Permitting Bill
- May 28, 2024
- Brigit Rollins
On May 16, 2024, the Colorado State Legislature passed House Bill 1379, a state law intended to regulate the discharge of...
CEQ Completes NEPA Overhaul with Final Phase 2 Regulations
- May 14, 2024
- Brigit Rollins
On May 1, 2024, the Council on Environmental Quality (“CEQ”) released the final version of its Bipartisan Permitting Reform Implementation Rule,...
“Hazardous Substances”: EPA Takes Action on PFAS
- April 30, 2024
- Brigit Rollins
The Environmental Protection Agency (“EPA”) has issued its highly anticipated final rule to designate two per—and polyfluoroalkyl substances (“PFAS”) as hazardous...
FWS Streamline ESA Voluntary Conservation Programs
- April 16, 2024
- Brigit Rollins
The United States Fish and Wildlife Service (“FWS”) have issued a final rule to update the implementing regulations for Section 10...
Farmers File Suit Over PFAS Contamination
- April 2, 2024
- Brigit Rollins
In February 2024, a group of Texas farmers filed a lawsuit against Synagro Technologies, Inc. (“Synagro”) for manufacturing and distributing a...
Plaintiffs Claim Cranberry Bog Not Exempt from CWA Regulation
- March 14, 2024
- Brigit Rollins
On February 28, 2024, the Corte Oreilles Lakes Association together with the Lac Courte Oreilles Band of the Lake Superior Chippewa...