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WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the...

Heat Safety and Wildfire Smoke Standards and Guidelines at the State and Federal Level

Update: On September 20, 2021, the U.S. Department of Labor announced that OSHA will be taking steps to implement a workplace...

Legal Checkup on Checkoffs: R-CALF in the Ninth Circuit

In July of 2021, the United States Court of Appeals for the Ninth Circuit issued its latest and final decision in...

Back in the Lab: FSIS Requests Comments on Cell Cultured Meat Labeling

On September 2, 2021, the Food Safety Inspection Service (“FSIS”), an agency housed within the United States Department of Agriculture, released...

Paraquat Receives Interim Registration Decision, Faces Legal Challenges

On August 1, 2021, the Environmental Protection Agency (EPA) published documents in the Federal Register announcing the Agency’s Interim Registration Review...

Arizona Court Vacates WOTUS Rule

UPDATE: Since the court’s ruling was issued, EPA has announced on its website that both it and the U.S. Army Corps of...

USDA Updates the Thrifty Food Plan

On August 16, 2021 the Food and Nutrition Service (“FNS”), an agency housed within the United States Department of Agriculture (“USDA”),...

“Ag-gag” Laws: An Update of Recent Legal Developments

State laws limiting photography or recordings on agricultural operations without the consent of the owner are commonly called “ag-gag” or “farm...

EPA Announces Decision to Revoke Chlorpyrifos Tolerances

On August 19, 2021, the Environmental Protection Agency (“EPA”) announced its intention to publish a final rule in the Federal Register...

Pandemic Payments: Aid under Pandemic Livestock Indemnity Program

Recently, the U.S. Department of Agriculture (“USDA”) announced it is implementing a program for livestock and poultry producers who suffered unexpected...

California Court Finds State Law Claims Not Preempted by FIFRA in Glyphosate Ruling

A California State Court of Appeal issued a ruling on August 9, 2021, upholding a jury verdict awarding millions of dollars...

Building Blocks: Basics of CRP

First authorized in the Food Security Act of 1985, the Conservation Reserve Program (“CRP”) is a voluntary program that allows agricultural...

Judge Certifies Two Classes in Lawsuit Challenging Minority Debt Relief Payments

In Miller v. Vilsack, five Texas farmers filed a lawsuit against the U.S. Department of Agriculture (“USDA”) alleging that its loan...

California State Court Issues Pretrial Ruling In Roundup Case

A week before the trial of another lawsuit challenging the safety of Monsanto Company’s (“Monsanto”) Roundup products is scheduled to start,...

WOTUS Update: EPA Makes Announcement, Status Update for On-Going Lawsuits

On June 9, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) released a joint statement announcing...

Proposed Tax Exemption for Community Ag Lenders

A bill was recently introduced in Congress, known as the Enhancing Credit Opportunities in Rural America Act (“ECORA”) of 2021. ECORA...

New Law Changes Wetland Regulation in the State of Indiana

In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. Senate Bill 389 (“SB...

From Supreme Court to State Courts, Important Enviro Rulings from June 2021

The past few month has seen a series of important environmental law decisions from various courts across the United States. The...

Judge’s Order Halts Minority Debt Relief Payments

UPDATE: A group of five Texas farmers have filed a class action lawsuit against the USDA (Miller, et al. v. Vilsack, No....

Iowa Supreme Court Dismisses Raccoon River Lawsuit

On June 18, 2021, the Iowa Supreme Court issued a decision in a lawsuit concerning regulation of the Raccoon River. The...