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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...

NEPA Set for Regulatory Revisions

The Council on Environmental Quality (“CEQ”), the federal agency responsible for administering the National Environmental Policy Act (“NEPA”), has released the...

FWS, NMFS Issue Proposed Rules to Modify Remaining Trump Administration Regulations

During the Trump administration, multiple environmental statutes were subject to regulatory changes, some of them for the first time in decades....

EPA Faces Treated Seeds Lawsuit

In 2017, several environmental groups petitioned the Environmental Protection Agency (“EPA”) to close what the groups described as a “loophole” that...

The Feed: Vol. 1, Issue 11

The Feed newsletter highlights recent legal developments affecting agriculture, with issues released twice a month. Click below to sign up for...

WOTUS Update: U.S. Supreme Court Revisits Wetlands Jurisdiction Under the CWA

On May 25, 2023, the United States Supreme Court released their highly-anticipated opinion in Sackett v. EPA, U.S. (2023), a lawsuit...