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The Deal With Dicamba: EPA Approves Dicamba Pesticides for 2021 and Beyond

On October 27, 2020 the Environmental Protection Agency (“EPA”) announced that it had approved three dicamba-based pesticides for over-the-top use on...

Stuck in the Swamp? Overview of the Minimal Effect Exemption Under Swampbuster

The Food Security Act of 1985 (“1985 Farm Bill”) established the Highly Erodible Lands and Wetlands Conservation program that relates to...

Water Rights Dispute: Public Trust Doctrine in Front of NV Supreme Court

On September 17, 2020, the Nevada Supreme Court issued an opinion answering two questions posed to it by the United States...

Deconstructing the CWA: What is a TMDL?

One of the key tools employed by the Clean Water Act (“CWA”) to help meet the statute’s goal of reducing pollution...

Stuck in the Swamp? A Look At Prior-Converted Croplands Under Swampbuster

“Swampbuster” is the name often used to refer to the section of the Highly Erodible Lands and Wetlands Conservation provisions of...

Murky Tides: EPA Sued for Chesapeake Bay Cleanup Violations

Two lawsuits have been filed against the Environmental Protect Agency (“EPA”) over the agency’s handling of the Chesapeake Bay cleanup. The...

Conservation Clarified: USDA Issues New Rules For Conservation Provisions

On August 28, 2020 the United States Department of Agriculture (“USDA”) issued a final rule for the Highly Erodible Land and...

Buzzing Home: FWS Determines No Critical Habitat for Bumblebee Species

The United States Fish and Wildlife Service (“FWS”) announced on September 1, 2020 that it has decided not to designate critical...

Jumping the Gun? Government Says NEPA Challenges are Premature

On July 29, 2020, a coalition of environmental groups filed a complaint in the United States District Court for the Western...

Biofuels Rules: EPA Guidance Stands

In a decision published on August 14, 2020, the United States Court of Appeals for the District of Columbia dismissed a...

Hot Topics in Environmental Law: Litigation Updates

The past month has seen several developments in important, and on-going environmental law cases. Each litigation, though completely unrelated, has the...

Up for Debate: FWS Proposes Definition for “Habitat”

On August 5, 2020, the United States Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) (collectively “the...

Court Concludes: Enlist Duo Registration Upheld

On July 22, 2020, the Ninth Circuit Court of Appeals issued a final decision in Nat’l Family Farm Coal. v. U.S....

WOTUS Update: Injunction Issued As Lawsuits Progress

On June 22, 2020, the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) officially went into legal effect. The Navigable Waters...

To List or Not to List: Possible Consequences of The Monarch Butterfly’s Final Listing Decision

By December 15, 2020, the United States Fish and Wildlife Service (“FWS”) will issue its final decision on whether to list...

To List or Not to List: Monarch Butterfly ESA Decision Due at End of 2020

In 2014, several environmental groups petitioned the United States Fish and Wildlife Service (“FWS”) to list the monarch butterfly under the...

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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...

dicamba-series

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,...

dicamba-series

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....