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California Takes Steps to Reduce Pesticide Use In State

In January 2023, the State of California released a document titled “Accelerating Sustainable Pest Management: A Roadmap for California” (referred to...

EPA Releases New Environmental Justice Guidance Document

Earlier this month, the Environmental Protection Agency (“EPA”) released a new guidance document regarding the agency’s authority to consider the cumulative...

WOTUS Update: EPA Releases Highly Anticipated Final Rule to Redefine “Waters of the United States”

On December 30, 2022, the Environmental Protection Agency  (“EPA”) released its long-awaited rule to redefine the definition of “waters of the...

Top Environmental Law Topics from 2022

Over the past year, the environmental law arena has seen various issues and developments that have had impacts on agriculture. Some...

End of Year Update on the ESA

In 2019 and 2020, the Trump Administration adopted multiple regulations impacting how the Endangered Species Act (“ESA”) is carried out. The...

Enviro Groups Ask EPA to Revisit CWA CAFO Rules

In October 2022, a coalition of environmental groups filed a lawsuit asking the Environmental Protection Agency (“EPA”) to formally respond to...

Resources for Underserved Communities: Highlight of New Publications

According to the United States Department of Agriculture, environmental justice is defined as “the fair treatment and meaningful involvement of all...

Pesticide Review: Recent Actions from Various Pesticide Legal Challenges

The past several weeks have seen developments in various on-going legal disputes over pesticides. Recent actions concerning glyphosate, dicamba, and pesticide-treated...

Building Blocks: The Basics of the RCPP

First authorized in the 2014 Farm Bill, the Regional Conservation Partnership Program (“RCPP”) is a voluntary conservation program administered by the...

Building Blocks: Basics of the Agricultural Conservation Easement Program

Under the Agricultural Conservation Easement Program (“ACEP”), private landowners, land trusts, and other entities work with the United State Department of...

Building Blocks: The Basics of EQIP

First authorized in the 1996 Farm Bill, the Environmental Quality Incentives Program (“EQIP”) is a voluntary conservation program that offers financial...

Ag & the IRA: Conservation Provisions in the Inflation Reduction Act

On August 16, 2022, President Biden officially signed the $739 billion spending package known as the Inflation Reduction Act (“IRA”) into...

Clean Water Act Citizen Suits Before Fourth Circuit

An important component of many environmental statutes is the ability for private citizens to initiate lawsuits to enforce the statute. This...

Environmental Law Highlight: Developments From the First Half of 2022

The first half of 2022 has seen a lot of development in the area of environmental law. From lawsuits to regulatory...

Plaintiffs & Pesticides: Honorable Mentions

Up to now, each article in this series exploring the legal claims commonly raised by plaintiffs in pesticide injury cases has...

Ninth Circuit Orders EPA to Revisit Conclusion That Glyphosate is “Not Likely” to Cause Cancer

On June 17, 2022, the Ninth Circuit Court of Appeals issued a decision ordering the Environment Protection Agency (“EPA”) to reexamine...

Fifth Circuit Rules SEC Administrative Proceedings Unconstitutional

The United States Court of Appeals for the Fifth Circuit issued a ruling on May 18, 2022, vacating an administrative decision...

Plaintiffs & Pesticides: Failure to Warn Claims in Pesticide Injury Lawsuits

Of all the claims that plaintiffs typically raise in pesticide injury lawsuits, failure to warn is currently the claim that is...

DOJ Announces Three Environmental Justice Initiatives

On May 5, 2022, the Department of Justice (“DOJ”) announced that it would be taking three actions intended to “enhance the...

Plaintiffs & Pesticides: Design Defect Claims in Pesticide Injury Lawsuits

Many plaintiffs in pesticide injury lawsuits raise the state law claim of design defect. Plaintiffs typically raise design defect claims in...