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The Clean Water Act, the Corps, & Section 404

The Clean Water Act of 1972 (“CWA”) is the principal statute governing water quality in the United States. The goal of...

Environmentalists Challenge EPA Over Flood Project

A coalition of environmental groups filed a lawsuit against the Environmental Protection Agency (“EPA”) over the agency’s decision to revoke a...

Ninth Circuit Upholds Decision to Vacate General CWA Permit

On February 11, 2021, the Ninth Circuit Court of Appeals affirmed a lower court opinion finding that a nationwide Clean Water...

Building Blocks: Basics of CSP

Often referred to as the largest conservation program by acreage in the United States, the Conservation Stewardship Program (“CSP”) implemented by...

States, Environmental Groups Challenge EPA Over Sulfoxaflor

On December 7, 2020, eleven states filed a brief with the Ninth Circuit Court of Appeals, opposing a request from the...

Pressing Pause: EPA Asks DOJ to Seek Stays of Litigation

On January 21, 2021, the Environmental Protection Agency (“EPA”) sent a letter to the Department of Justice (“DOJ”) requesting stays for...

Overview of Trump Administration’s Environmental “Midnight Regulations”

As the United States prepares to switch from one presidential administration to the next, the out-going Trump Administration is working to...

Making Waves: EPA Issues Draft of Proposed Guidance for “County of Maui” Case

On December 10, 2020, the Environmental Protection Agency (“EPA”) published a draft guidance in the Federal Register clarifying how the agency...

Registration Review: EPA Finds Endangered Species May Be Harmed By Glyphosate

In November, 2020, the Environmental Protection Agency (“EPA”) released a draft Biological Evaluation (“BE”) assessing the risks posed to species listed...

dicamba-series

The Deal With Dicamba: Lawsuit Challenges Registration, EPA Changes FIFRA Policy

In late October, 2020, the Environmental Protection Agency (“EPA”) announced that it had renewed the Federal Insecticide, Fungicide and Rodenticide Act...

Pesticide Litigation: Chlorpyrifos Under Fire

Two lawsuits have recently been filed in California state courts against Corteva Inc. (“Corteva”), the corporation which manufactures the pesticide chlorpyrifos....

dicamba-series

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...