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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...

Plaintiffs & Pesticides: Negligence Claims in Pesticide Injury Lawsuits

One of the claims most commonly raised in pesticide injury cases is the claim of negligence. Like the other claims discussed...

Plaintiffs & Pesticides: Intro to Pesticide Injury Litigation

Over the past few years, there has been a series of high-profile lawsuits filed against pesticide manufacturers by plaintiffs who claim...

Scope of EPA Authority Before the Supreme Court

UPDATE: On June 30, 2022, the Supreme Court issued its decision in West Virginia v. U.S. Envt’l Protection Agency finding in favor of the...

Environmental Groups Challenge EPA Over Treated Seeds

In December 2021, two environmental groups, the Center for Food Safety and Pesticide Action Network North America, filed a lawsuit against...

Farm Groups Sue EPA Over Revocation of Chlorpyrifos Tolerances

On February 9, 2022, a coalition of farm groups filed a lawsuit in the Eighth Circuit Court of Appeals challenging the...

Treading Water: WOTUS Once Again Before Supreme Court

In January 2022, the United States Supreme Court announced that it would once again hear arguments in the long-running case of...

EPA Adopts New Policy For ESA Consultations & New Pesticide Active Ingredients

On January 11, 2022, the Environmental Protection Agency (“EPA”) announced that effective immediately it had changed its policy regarding Endangered Species...

Environmental Law Topics to Watch in 2022

Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits,...

WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS

On December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the...