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By: Brigit Rollins

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Update on State Pesticide Liability Limitation Bills

This legislative session has seen various trends in legislation among different states, including at least nine states that have introduced bills...

Who Gets to Say? Agency Deference in a Post-Chevron World – Skidmore v. Swift

Kelli Ludlum, Research Fellow Brigit Rollins, Staff Attorney In 2024, the United Statues Supreme Court issued Loper Bright Enters. v. Raimondo,...

CEQ Rescinds All NEPA Implementing Regulations

In late February 2025, the Council on Environmental Quality (“CEQ”) announced that it will rescind all of its regulations in compliance...

Second Federal Court Rules CEQ Lacks Rulemaking Authority

On February 3, 2025, a federal court in North Dakota ruled that the Council on Environmental Quality (“CEQ”), the federal agency...

States Introduce Pesticide Liability Limitation Bills in 2025 Legislative Session

The start of a new year also means the start of a new legislative session. By late January, all but a...

FWS Proposes Listing the Monarch Butterfly as “Threatened” Under the ESA

On December 12, 2024, the United States Fish and Wildlife Service (“FWS”) released its long-awaited proposed decision to designate the monarch...

Federal Court Upholds Treated Seeds Exemption

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

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

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

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

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

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

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

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

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

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

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

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

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”

The Endangered Species Act (“ESA”) is widely recognized as one of the strongest wildlife protection laws in the world. The primary...