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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...

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...

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...

“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...

Farmers File Suit Over PFAS Contamination

In February 2024, a group of Texas farmers filed a lawsuit against Synagro Technologies, Inc. (“Synagro”) for manufacturing and distributing a...

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...

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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...