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...
“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...
EPA Delays Rescinding Gasoline Volatility Waivers Until 2025
- March 7, 2024
- Elizabeth
In 2023, approximately forty percent of corn produced in the United States (“U.S.”) was used for ethanol production. The top three...
Federal Court Revokes Florida’s CWA Section 404 Permitting Authority
- February 29, 2024
- Brigit Rollins
On February 15, 2024, a federal court in the District of Columbia issued a ruling formally vacating the Environmental Protection Agency’s...
The Deal With Dicamba: Court Vacates Over-the-Top Registration
- February 15, 2024
- Brigit Rollins
On February 6, 2024, a federal court in Arizona issued a ruling directing the Environmental Protection Agency (“EPA”) to vacate the...
EPA Proposes Updates to Effluent Limitations for Meat and Poultry Processors
- February 1, 2024
- Brigit Rollins
In late January, the Environmental Protection Agency (“EPA”) announced that it was seeking public comment on its proposal to revise technology-based...
EPA Weighs in On Supreme Court Decision Regarding Groundwater and the CWA
- January 18, 2024
- Brigit Rollins
In April 2020, the United States Supreme Court issued its final ruling Cty. of Maui v. Hawaii Wildlife Fund, 590 U.S....
EPA Proposes Vulnerable Species Pilot Project
- December 7, 2023
- Brigit Rollins
One June 22, 2023, the Environmental Protection Agency (“EPA”) released a draft white paper for its Vulnerable Species Pilot Project (“VSPP”),...
Eighth Circuit Ruling Revives Foods Uses for Chlorpyrifos
- November 9, 2023
- Brigit Rollins
On November 2, 2023, the Eighth Circuit Court of Appeals issued its decision in Red River Valley Sugarbeet Growers Ass’n v....
EPA Draft Herbicide Strategy Open for Comment
- October 12, 2023
- Brigit Rollins
October 22, 2023, is the last day to submit comments on the Environmental Protection Agency’s (“EPA”) Draft Herbicide Strategy Framework to...
The Feed: Volume 1, Issue 19
- October 12, 2023
- Ramie Parsons
The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for...
Court Rules that EPA Must Engage in ESA Consultation When Adopting Water Quality Standards
- September 28, 2023
- Brigit Rollins
The Environmental Protection Agency (“EPA”) must analyze how its revised water quality standards for cadmium will affect threatened and endangered species...
The Feed: Volume 1, Issue 18
- September 28, 2023
- Ramie Parsons
The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for...
Landowners Question Authority of Agency Adjudication
- September 14, 2023
- Brigit Rollins
In April 2023, the Pacific Legal Foundation filed a lawsuit on behalf of Thomas and Amy Villegas against the Environmental Protection...
The Feed: Volume 1, Issue 17
- September 14, 2023
- Ramie Parsons
The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for...