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Court Vacates CWA Section 401 Certification Rule

In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020...

EPA Releases PFAS Strategic Roadmap

In October 2021, the Environmental Protection Agency (“EPA”) released the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (“Strategic Roadmap”), which...

Procedures: Class Actions & Multi-district Litigations

Filing a lawsuit can be a complex process. There are multiple legal procedures that govern how lawsuits may be brought, litigated,...

Biden Administration Begins Review of Environmental Regulations

When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review...

WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the...

Paraquat Receives Interim Registration Decision, Faces Legal Challenges

On August 1, 2021, the Environmental Protection Agency (EPA) published documents in the Federal Register announcing the Agency’s Interim Registration Review...

Arizona Court Vacates WOTUS Rule

UPDATE: Since the court’s ruling was issued, EPA has announced on its website that both it and the U.S. Army Corps of...

EPA Announces Decision to Revoke Chlorpyrifos Tolerances

On August 19, 2021, the Environmental Protection Agency (“EPA”) announced its intention to publish a final rule in the Federal Register...

California Court Finds State Law Claims Not Preempted by FIFRA in Glyphosate Ruling

A California State Court of Appeal issued a ruling on August 9, 2021, upholding a jury verdict awarding millions of dollars...

Building Blocks: Basics of CRP

First authorized in the Food Security Act of 1985, the Conservation Reserve Program (“CRP”) is a voluntary program that allows agricultural...

California State Court Issues Pretrial Ruling In Roundup Case

A week before the trial of another lawsuit challenging the safety of Monsanto Company’s (“Monsanto”) Roundup products is scheduled to start,...

WOTUS Update: EPA Makes Announcement, Status Update for On-Going Lawsuits

On June 9, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) released a joint statement announcing...

New Law Changes Wetland Regulation in the State of Indiana

In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. Senate Bill 389 (“SB...

From Supreme Court to State Courts, Important Enviro Rulings from June 2021

The past few month has seen a series of important environmental law decisions from various courts across the United States. The...

Iowa Supreme Court Dismisses Raccoon River Lawsuit

On June 18, 2021, the Iowa Supreme Court issued a decision in a lawsuit concerning regulation of the Raccoon River. The...

Court Sets Aside Pesticide Registration For ESA Violations

The United States Court of Appeals for the District of Columbia recently issued an order vacating an action from Environmental Protection...

Recently Filed Lawsuit Claims that Swampbuster is Unconstitutional

A farmer in South Dakota has filed a lawsuit against the United States Department of Agriculture (“USDA”) alleging that its wetland...

dicamba-series

The Deal with Dicamba: Report Examines EPA Decision to Register Dicamba in 2018

On May 24, 2021, the Environmental Protection Agency’s (“EPA”) Office of the Inspector General (“OIG”) issued a report addressing EPA’s 2018...

Ninth Circuit Upholds $25 Million Award to Plaintiff in Glyphosate Case

On May 14, 2021, the United States Court of Appeals for the Ninth Circuit, issued a decision upholding a $25 million...

Pathways to Pesticide Cancellation Under FIFRA

Under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), pesticide manufacturers work with the Environmental Protection Agency (“EPA”) to register pesticides...