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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...

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...

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...

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...

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...

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...

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...

“Top Ten” Issues in Ag & Env Law: 2023 Edition

In the world of agricultural law, 2023 was a year for significant developments and changes.  In summary below, attorneys at the...

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”),...

Doctrine of Chevron Deference Challenged at the High Court

Update: On June 28, 2024, the Supreme Court released its final decision in Loper Bright Enters. b. Raimondo, where it overturned...

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...

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....

Environmental Groups Challenge EPA Approval of Enlist One and Enlist Duo

On June 6, 2023, a coalition of environmental and agricultural labor groups lead by the Center for Food Safety filed a...

dicamba-series

The Deal with Dicamba: Plaintiffs Ask Court to Vacate 2020 Registration Decision

On April 12, 2023, the plaintiffs in Ctr. for Biological Diversity v. U.S. Envtl. Protection Agency, No. 4:20-cv-00555 (D. Ariz.), a...

Texas Sues FWS Over Decision to List the Lesser Prairie-Chicken Under the Endangered Species Act

On March 22, 2023, the State of Texas filed a lawsuit against the Fish and Wildlife Service (“FWS”) over its recent...

Judge Issues Ruling in Klamath River Dispute

On February 6, 2023, a federal judge in California issued a ruling concluding that the Endangered Species Act (“ESA”) preempted an...

Top Environmental Law Topics from 2022

Over the past year, the environmental law arena has seen various issues and developments that have had impacts on agriculture. Some...

Ag and Food Law Daily Update: November 29, 2022

A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.        ...

End of Year Update on the ESA

In 2019 and 2020, the Trump Administration adopted multiple regulations impacting how the Endangered Species Act (“ESA”) is carried out. The...