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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...

EPA Delays Rescinding Gasoline Volatility Waivers Until 2025

In 2023, approximately forty percent of corn produced in the United States (“U.S.”) was used for ethanol production. The top three...

Federal Court Revokes Florida’s CWA Section 404 Permitting Authority

On February 15, 2024, a federal court in the District of Columbia issued a ruling formally vacating the Environmental Protection Agency’s...

dicamba-series

The Deal With Dicamba: Court Vacates Over-the-Top Registration

On February 6, 2024, a federal court in Arizona issued a ruling directing the Environmental Protection Agency (“EPA”) to vacate the...

EPA Proposes Updates to Effluent Limitations for Meat and Poultry Processors

In late January, the Environmental Protection Agency (“EPA”) announced that it was seeking public comment on its proposal to revise technology-based...

EPA Weighs in On Supreme Court Decision Regarding Groundwater and the CWA

In April 2020, the United States Supreme Court issued its final ruling Cty. of Maui v. Hawaii Wildlife Fund, 590 U.S....

EPA Proposes Vulnerable Species Pilot Project

One June 22, 2023, the Environmental Protection Agency (“EPA”) released a draft white paper for its Vulnerable Species Pilot Project (“VSPP”),...

Eighth Circuit Ruling Revives Foods Uses for Chlorpyrifos

On November 2, 2023, the Eighth Circuit Court of Appeals issued its decision in Red River Valley Sugarbeet Growers Ass’n v....

EPA Draft Herbicide Strategy Open for Comment

October 22, 2023, is the last day to submit comments on the Environmental Protection Agency’s (“EPA”) Draft Herbicide Strategy Framework to...

Court Rules that EPA Must Engage in ESA Consultation When Adopting Water Quality Standards

The Environmental Protection Agency (“EPA”) must analyze how its revised water quality standards for cadmium will affect threatened and endangered species...

Landowners Question Authority of Agency Adjudication

In April 2023, the Pacific Legal Foundation filed a lawsuit on behalf of Thomas and Amy Villegas against the Environmental Protection...

WOTUS Update: EPA Revises 2023 Rule in Light of Sackett Decision

On August 29, 20213, the Environmental Protection Agency (“EPA”) released an updated version of its 2023 rule to define the crucial...