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In: Environmental Protection Agency

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...

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...

“Hazardous Substances”: EPA Takes Action on PFAS

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

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

On February 15, 2024, a federal court in the District of Columbia issued a ruling formally vacating the Environmental Protection Agency’s...

dicamba-series

The Deal With Dicamba: Court Vacates Over-the-Top Registration

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

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

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

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

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 22, 2023, is the last day to submit comments on the Environmental Protection Agency’s (“EPA”) Draft Herbicide Strategy Framework to...

Court Rules that EPA Must Engage in ESA Consultation When Adopting Water Quality Standards

The Environmental Protection Agency (“EPA”) must analyze how its revised water quality standards for cadmium will affect threatened and endangered species...

Landowners Question Authority of Agency Adjudication

In April 2023, the Pacific Legal Foundation filed a lawsuit on behalf of Thomas and Amy Villegas against the Environmental Protection...