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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 Energy and Miscellaneous Titles

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

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...

Farm Bill 2024: Themes in the Proposed Rural Development Titles

Due to the often-isolated geographic location of rural communities and a declining population, rural America faces a unique set of challenges....

State Labor Legislation: 2024 Update

In 2022, the agricultural and food sectors provided approximately ten percent of employment in the United States. So far, in 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...

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,...

“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...

Amos Miller and the Regulation of Raw Milk

Discussions among legislators, public health officials, and consumers persist across the United States as the debate over raw milk sales continues....

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...

Farm Animal Housing in 2024: Laws, Proposals and Challenges

In 2018, California passed Proposition 12, a high-profile ballot initiative regulating the production and sale of many veal, egg, and pork...

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...

South Dakota Amends State Restriction on Foreign Acquisitions of Ag Land

On March 4, 2024, South Dakota Governor Kristi Noem signed into law House Bill 1231 (“HB 1231”) which amends a state...

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...