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Federal Court Upholds Treated Seeds Exemption

A federal court in the Northern District of California has recently ruled that the Environmental Protection Agency (“EPA”) does not have...

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 Commodities, Forestry, and Horticulture Titles

As of July 2024, three proposals have been released on the 2024 Farm Bill – one in the House of Representatives...

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...

FDA Publishes Final Agricultural Water Rule

One of the most common origins of foodborne illness outbreaks in the United States comes from the watering of agricultural produce...

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,...

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...

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...