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Rule Change Alters Farm Service Agency Programs Eligibility and Payment Limits
- October 8, 2020
- Elizabeth
By Drew Mitchell, Research Fellow, National Agricultural Law Center With the release of a new final rule, the Payment Limitation and...
Deconstructing the CWA: What is a TMDL?
- October 1, 2020
- Brigit Rollins
One of the key tools employed by the Clean Water Act (“CWA”) to help meet the statute’s goal of reducing pollution...
Bankruptcy on the Farm: A Look at the Chapter 12 Option
- September 29, 2020
- Elizabeth
Financial conditions during the past few years have been harsh for agricultural producers. Low commodity prices and extreme weather conditions have...
Stuck in the Swamp? A Look At Prior-Converted Croplands Under Swampbuster
- September 24, 2020
- Brigit Rollins
“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
- September 17, 2020
- Brigit Rollins
Two lawsuits have been filed against the Environmental Protect Agency (“EPA”) over the agency’s handling of the Chesapeake Bay cleanup. The...
Show Me the Money: A Primer on Agricultural Lending
- September 15, 2020
- Elizabeth
The availability of credit is an integral part of the agricultural production process. Borrowing large amounts of capital and incurring considerable...
Welcome Micah Brown!
- September 11, 2020
- Elizabeth
Last month the National Agricultural Law Center was excited to welcome Staff Attorney Micah Brown to the NALC team. Micah, a...
Conservation Clarified: USDA Issues New Rules For Conservation Provisions
- September 10, 2020
- Brigit Rollins
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
- September 3, 2020
- Brigit Rollins
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
- August 27, 2020
- Brigit Rollins
On July 29, 2020, a coalition of environmental groups filed a complaint in the United States District Court for the Western...
Biofuels Rules: EPA Guidance Stands
- August 21, 2020
- Brigit Rollins
In a decision published on August 14, 2020, the United States Court of Appeals for the District of Columbia dismissed a...
Hot Topics in Environmental Law: Litigation Updates
- August 13, 2020
- Brigit Rollins
The past month has seen several developments in important, and on-going environmental law cases. Each litigation, though completely unrelated, has the...
Up for Debate: FWS Proposes Definition for “Habitat”
- August 6, 2020
- Brigit Rollins
On August 5, 2020, the United States Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) (collectively “the...
Court Concludes: Enlist Duo Registration Upheld
- July 29, 2020
- Brigit Rollins
On July 22, 2020, the Ninth Circuit Court of Appeals issued a final decision in Nat’l Family Farm Coal. v. U.S....
WOTUS Update: Injunction Issued As Lawsuits Progress
- July 23, 2020
- Brigit Rollins
On June 22, 2020, the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) officially went into legal effect. The Navigable Waters...
To List or Not to List: Possible Consequences of The Monarch Butterfly’s Final Listing Decision
- July 16, 2020
- Brigit Rollins
By December 15, 2020, the United States Fish and Wildlife Service (“FWS”) will issue its final decision on whether to list...
To List or Not to List: Monarch Butterfly ESA Decision Due at End of 2020
- July 9, 2020
- Brigit Rollins
In 2014, several environmental groups petitioned the United States Fish and Wildlife Service (“FWS”) to list the monarch butterfly under the...
Pesticide Pressures: Enlist Duo Registration Before Ninth Circuit
- July 2, 2020
- Brigit Rollins
In 2014, the Environmental Protection Agency (“EPA”) registered a pesticide called Enlist Duo under the Federal Insecticide, Fungicide, and Rodenticide Act...
Label-Free: Court Concludes No Warning Label For Glyphosate
- June 25, 2020
- Brigit Rollins
A federal judge in the Eastern District of California has upheld the court’s earlier decision that the state of California cannot...
The Deal with Dicamba: Plaintiffs Challenge EPA Cancellation Order
- June 18, 2020
- Brigit Rollins
In a recent decision, the United States Court of Appeals for the Ninth Circuit vacated three pesticide registrations for dicamba-based herbicides,...