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D.C. Circuit Rules CEQ Lacks Rulemaking Authority

In a 2-1 decision issued earlier this month, the D.C. Circuit Court of Appeals concluded that the Council on Environmental Quality...

Texas Files Suit Against FWS For Decision to List Mussels As Endangered

In late October, 2024, the state of Texas filed a lawsuit against the Department of Interior and the United States Fish...

WOTUS Update: Judge Recommends Resolving CWA Dispute in Favor of Landowner Following Sackett Decision

In late September, a federal judge for the Southern District of Florida recommended that an on-going case be resolved in favor...

EPA Releases Vulnerable Species Action Plan

On September 25, 2024, the Environmental Protection Agency (“EPA”) released its Vulnerable Species Action Plan (“VSAP”), the finalized version of its...

When Wetlands Go Dry: Prior Converted Cropland under Swampbuster and the CWA

The Wetland Conservation provisions of the Food Security Act of 1985, known colloquially as “Swampbuster,” introduced a new program to promote...

EPA Publishes Highly-Anticipated Final Herbicide Strategy

On August 20, 2024, the Environmental Protection Agency (“EPA”) released its final Herbicide Strategy. The document, which was released in a...

Third Circuit Rules Failure to Warn Claims Preempted by FIFRA

The Third Circuit Court of Appeals has split from the Ninth and Eleventh Circuits by concluding that the Federal Insecticide, Fungicide...

EPA Releases Draft Insecticide Strategy

On July 25, 2024, the Environmental Protection Agency (“EPA”) released its highly anticipated draft Insecticide Strategy, the latest step in the...

Farm Bill 2024: Themes in the Proposed Conservation Titles

The Farm Bill is an omnibus bill enacted approximately every five years that authorizes and funds most programs administered by the...

SCOTUS Rejects Consent Decree Over Rio Grande

On June 21, 2024, the United States Supreme Court issued a ruling in Texas v. New Mexico, No. 141, Orig, (2024),...

Eleventh & Ninth Circuits Issue Decisions in Glyphosate Lawsuits

The last several months have seen numerous developments in the on-going litigation filed by plaintiffs who claim that glyphosate-based pesticide products...

Ag & the ESA: When a Species is Listed “Wherever Found”

The Endangered Species Act (“ESA”) is widely recognized as one of the strongest wildlife protection laws in the world. The primary...

Colorado Legislature Passes Wetlands Permitting Bill

On May 16, 2024, the Colorado State Legislature passed House Bill 1379, a state law intended to regulate the discharge of...

CEQ Completes NEPA Overhaul with Final Phase 2 Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) released the final version of its Bipartisan Permitting Reform Implementation Rule,...

“Hazardous Substances”: EPA Takes Action on PFAS

The Environmental Protection Agency (“EPA”) has issued its highly anticipated final rule to designate two per—and polyfluoroalkyl substances (“PFAS”) as hazardous...

FWS Streamline ESA Voluntary Conservation Programs

The United States Fish and Wildlife Service (“FWS”) have issued a final rule to update the implementing regulations for Section 10...

SEC Rule and California Laws on Climate-Related Disclosures Face Legal Challenges

UPDATE: On April 4, 2024, the SEC announced a voluntary stay on the climate-related disclosure rule. This voluntary stay is intended to...

Farmers File Suit Over PFAS Contamination

In February 2024, a group of Texas farmers filed a lawsuit against Synagro Technologies, Inc. (“Synagro”) for manufacturing and distributing a...

The SEC Finalizes Rule on Required Climate-Related Disclosures

UPDATE: On April 4, 2024, the SEC announced a voluntary stay on the climate-related disclosure rule. This voluntary stay is intended to...

Plaintiffs Claim Cranberry Bog Not Exempt from CWA Regulation

On February 28, 2024, the Corte Oreilles Lakes Association together with the Lac Courte Oreilles Band of the Lake Superior Chippewa...