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Pesticide Pressures: Enlist Duo Registration Before Ninth Circuit

In 2014, the Environmental Protection Agency (“EPA”) registered a pesticide called Enlist Duo under the Federal Insecticide, Fungicide, and Rodenticide Act...

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Label-Free: Court Concludes No Warning Label For Glyphosate

A federal judge in the Eastern District of California has upheld the court’s earlier decision that the state of California cannot...

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The Deal with Dicamba: Plaintiffs Challenge EPA Cancellation Order

In a recent decision, the United States Court of Appeals for the Ninth Circuit vacated three pesticide registrations for dicamba-based herbicides,...

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The Deal With Dicamba: EPA Issues Cancel Order for Dicamba Herbicides

UPDATE: Late on June 11, 2020, the plaintiffs filed a motion with the court seeking to have EPA’s cancellation order overturned....

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Two Cases Dismissed and One Advances in ESA Dispute

In August, 2019, the United States Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, “the Services”)...

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WOTUS Update: Navigable Waters Rule Faces Backlash

On April 21, 2020, the Environmental Protection Agency (“EPA”) published the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) in the...

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Cleanup of Abandoned Oilfield Locations: Who is Responsible?

Rusty Rumley, Senior Staff Attorney The oil and gas industry is cyclical by nature.  Sometimes the economics of the industry are...

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Supreme Court Issues Opinion in “County of Maui”

Today, the Supreme Court of the United States published its opinion in a case concerning the role of groundwater in the...

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Revisiting WOTUS: Tracking Regulatory Changes to Critical CWA Term

On April 21, 2020, EPA published the Navigable Waters Protection Rule in the Federal Register. That rule establishes a new definition...

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The Deal With Dicamba: Part Eight

The previous articles in this series have all looked at lawsuits initiated by plaintiffs who alleged that they were harmed by...

EPA Issues Guidance On Environmental Compliance During the COVID-19 Pandemic

The Environmental Protection Agency (“EPA”) issued a guidance document on March 26, 2020, regarding the agency’s legal enforcement of environmental legal...

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The Deal With Dicamba: Part Seven

Up to now, this series has focused on two cases involving plaintiff farmers who have filed suit against Monsanto Company (“Monsanto”)...

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Decision Dispute: EPA Under Fire for Glyphosate Re-Approval

On March 20, 2020, two petitions for review were filed against the Environmental Protection Agency (“EPA”) challenging the agency’s decision to...

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The Deal With Dicamba: Part Six

When lawsuits filed against Monsanto Company (“Monsanto”) and BASF Corporation (“BASF”) for allegedly causing dicamba-related injury to farmers were consolidated into...

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Managing Pest Management: Pesticide Assessment Changes for Endangered Species

According to the Endangered Species Act (“ESA”), federal agencies are required to consult with Fish and Wildlife Service (“FWS”) or the...

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The Deal With Dicamba: Part Five

Up to now, this series has examined the claims raised by plaintiffs in dicamba-related lawsuits that have passed judicial review been...

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Turning the Tides: Judge Finds Lake Erie Bill of Rights Unconstitutional

In February, 2020, a federal court concluded that a law which granted rights to a waterbody, violated the United States Constitution....

Hemp: USDA Exercises Enforcement Discretion

Rusty Rumley, Senior Staff Attorney On February 27, 2020, the United States Department of Agriculture (“USDA”), in coordination with the Drug...