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Assistance Available for Producers Facing Depopulation

One of the many problems the agriculture industry has faced as a result of the COVID-19 pandemic is the temporary closing...

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Two Cases Dismissed and One Advances in ESA Dispute

In August, 2019, the United States Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, “the Services”)...

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WOTUS Update: Navigable Waters Rule Faces Backlash

On April 21, 2020, the Environmental Protection Agency (“EPA”) published the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) in the...

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Supreme Court Issues Opinion in “County of Maui”

Today, the Supreme Court of the United States published its opinion in a case concerning the role of groundwater in the...

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Revisiting WOTUS: Tracking Regulatory Changes to Critical CWA Term

On April 21, 2020, EPA published the Navigable Waters Protection Rule in the Federal Register. That rule establishes a new definition...

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The Deal With Dicamba: Part Eight

The previous articles in this series have all looked at lawsuits initiated by plaintiffs who alleged that they were harmed by...

EPA Issues Guidance On Environmental Compliance During the COVID-19 Pandemic

The Environmental Protection Agency (“EPA”) issued a guidance document on March 26, 2020, regarding the agency’s legal enforcement of environmental legal...

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The Deal With Dicamba: Part Seven

Up to now, this series has focused on two cases involving plaintiff farmers who have filed suit against Monsanto Company (“Monsanto”)...

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Decision Dispute: EPA Under Fire for Glyphosate Re-Approval

On March 20, 2020, two petitions for review were filed against the Environmental Protection Agency (“EPA”) challenging the agency’s decision to...

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The Deal With Dicamba: Part Six

When lawsuits filed against Monsanto Company (“Monsanto”) and BASF Corporation (“BASF”) for allegedly causing dicamba-related injury to farmers were consolidated into...

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Managing Pest Management: Pesticide Assessment Changes for Endangered Species

According to the Endangered Species Act (“ESA”), federal agencies are required to consult with Fish and Wildlife Service (“FWS”) or the...

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The Deal With Dicamba: Part Five

Up to now, this series has examined the claims raised by plaintiffs in dicamba-related lawsuits that have passed judicial review been...

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Turning the Tides: Judge Finds Lake Erie Bill of Rights Unconstitutional

In February, 2020, a federal court concluded that a law which granted rights to a waterbody, violated the United States Constitution....

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The Deal With Dicamba: Part Four

A federal jury ruled in favor of the plaintiff, Bader Farms, in Bader Farms, Inc v. Monsanto Co., awarding $15 million...

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NEPA & Ag: Farm Service Agency Loans Exempt in Proposed NEPA Overhaul

In January, 2020, the Council on Environmental Quality (“CEQ”) released a proposed regulatory overhaul for the National Environmental Policy Act (“NEPA”)....

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The Deal With Dicamba: Part Three

UPDATE: On February 14, 2020 the jury in Bader Farms, Inc. v. Monsanto Co., No. 1:16-cv-299 (E.D. Mo. 2020) ruled in favor...

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Fish Fumbles: GE Salmon Faces Uncertainty

In the latest move in an ongoing case against the Food and Drug Administration (“FDA”), a collection of environmental groups moved...

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Biofuels Benefit: Renewable Fuels Prevail in Court

The United States Court of Appeals for the Tenth Circuit vacated three small refinery exemptions to the nationwide renewable fuel standard...

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The Deal With Dicamba: Part Two

UPDATE: On February 14, 2020 the jury in Bader Farms, Inc. v. Monsanto Co., No. 1:16-cv-299 (E.D. Mo. 2020) ruled in favor...

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WOTUS Redefined: EPA Announces Final Rule

The Environmental Protection Agency (“EPA”) has released its much-anticipated replacement for the 2015 Waters of the United States rule (“2015 Rule”)....