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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...

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...

Who Owns the Ag Land? Congress Considering Changes to the Federal Reporting Regime

On January 25, 2024, Senator Mike Braun (R-IN) introduced the AFIDA Improvements Act of 2024 (S. 3666) which seeks to amend...

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...

USDA Proposes Updates to Foreign Held Agricultural Land Reporting

Recently, the U.S. Department of Agriculture’s (“USDA”) announced that it is seeking public feedback—due by February 16, 2024—on how foreign persons...

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....

Who Owns the Business? Corporate Transparency Act and Foreign Entity Disclosures

As previously discussed, the Agricultural Foreign Investment Disclosure Act (“AFIDA”) (7 U.S.C. §§ 3501–3508) contains reporting requirements mandating that certain foreign...