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The Public Domain: Basics of the Public Trust Doctrine

One of the main underpinnings of environmental law in the United States is the Public Trust Doctrine (“PTD”). The doctrine, which...

In the Dirt: Introduction to Sodbuster

The Farm Bill of 1985 is known for introducing several conservation programs which are still in use by agricultural producers today....

dicamba-series

The Deal with Dicamba: Updates from the First Quarter of 2021

For many reasons, 2020 was a noteworthy year. One of those reasons was the developments in many on-going dicamba litigations. From...

Lending for Livestock, Credit for Crops: Statutory Agricultural Liens

Many agricultural producers borrow money to successfully run their operations. Typically, the lender requires the borrower to give a security interest...

Clearing the Air: Maryland Court Finds State Must Regulate Gaseous Ammonia Under CWA

A judge in a Maryland Circuit Court ruled in a decision released earlier this month that the state of Maryland must...

Legal Checkup on Checkoffs: R-CALF, States’ Beef Councils, and the Ongoing First Amendment Challenge to the Beef Checkoff

Harrison Pittman Introduction On May 2, 2016 Ranchers-Cattlemen Legal Defense Fund, United Stockgrowers of America v. Vilsack, No. 4:16-cv-00041 (D. Mont....

Hot Topics in Environmental Law: Recent Developments in 2021

The beginning of 2021 has seen major developments in several ongoing issues involving environmental laws and regulations. Many of these developments...

Lending for Livestock, Credit for Crops: UCC Agricultural Liens

Many agricultural producers borrow money to successfully run their operations. Typically, the lender requires the borrower to give a security interest...

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...

Industrial Hemp Production Contracts

Rusty Rumley Introduction   Industrial hemp production has created some unique and novel challenges for attorneys, growers, and processors. This relatively...

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...

Livestock Dealer Trust: Payment Protection for Sellers

On December 21, 2020, the Consolidated Appropriations Act (“CAA”) passed both houses of Congress and was later signed into law on...

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...

Coronavirus Food Assistance Program (CFAP) Additional Assistance: Structure and Status

In response to the economic crisis caused by the COVID-19 pandemic, Congress passed a stimulus relief bill known as the Coronavirus...

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...

Legal Checkup on Checkoffs: Beef Checkoff Basics

Introduction The previous article in this Legal Checkup on Checkoff series, What is a Checkoff?, provided a basic overview of federal...

Industrial Hemp Regulations Finalized

On January 15, 2021, the Agricultural Marketing Service (AMS) released the final rule for industrial hemp production pursuant to the Agriculture...

Aid to Agriculture: Overview of the Recent Stimulus Package

On December 21, 2020, the Consolidated Appropriations Act, 2021 (“CAA”) passed both houses of Congress and was later signed into law...