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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,...
The Deal With Dicamba: EPA Issues Cancel Order for Dicamba Herbicides
- June 10, 2020
- Brigit Rollins
UPDATE: Late on June 11, 2020, the plaintiffs filed a motion with the court seeking to have EPA’s cancellation order overturned....
The Deal With Dicamba: Ninth Circuit Vacates EPA Registration
- June 5, 2020
- Brigit Rollins
On June 3, 2020, a three-judge panel of the United States Court of Appeals for the Ninth Circuit issued its opinion...
Assistance Available for Producers Facing Depopulation
- May 28, 2020
- Brigit Rollins
One of the many problems the agriculture industry has faced as a result of the COVID-19 pandemic is the temporary closing...
Two Cases Dismissed and One Advances in ESA Dispute
- May 20, 2020
- Brigit Rollins
In August, 2019, the United States Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, “the Services”)...
WOTUS Update: Navigable Waters Rule Faces Backlash
- May 14, 2020
- Brigit Rollins
On April 21, 2020, the Environmental Protection Agency (“EPA”) published the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) in the...
Cleanup of Abandoned Oilfield Locations: Who is Responsible?
- May 6, 2020
- Elizabeth
Rusty Rumley, Senior Staff Attorney The oil and gas industry is cyclical by nature. Sometimes the economics of the industry are...
Supreme Court Issues Opinion in “County of Maui”
- April 23, 2020
- Brigit Rollins
Today, the Supreme Court of the United States published its opinion in a case concerning the role of groundwater in the...
Revisiting WOTUS: Tracking Regulatory Changes to Critical CWA Term
- April 22, 2020
- Brigit Rollins
On April 21, 2020, EPA published the Navigable Waters Protection Rule in the Federal Register. That rule establishes a new definition...
The Deal With Dicamba: Part Eight
- April 15, 2020
- Brigit Rollins
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
- April 10, 2020
- Brigit Rollins
The Environmental Protection Agency (“EPA”) issued a guidance document on March 26, 2020, regarding the agency’s legal enforcement of environmental legal...