Agricultural Law Weekly Review See all Agricultural Law Weekly Reviews »
Agricultural Law Weekly Review—March 18, 2025
Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees 🌾 On March 17, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order denying an administrative stay and upholding the district court’s preliminary injunction, which ordered the reinstatement of probationary employees at several federal agencies, including the U.S. Department of Agriculture (USDA). Am. Federation Gov. Empl., AFL-CIO v. U.S. Office of Personnel Management, No. 25-1677 (N.D. Ca. 3:25-cv-01780). The Ninth Circuit stated, “Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo [...]
Agricultural Law Weekly Review—March 11, 2025
Water Quality: Supreme Court Holds ‘Generic Prohibitions’ Unauthorized by Clean Water Act 🌾 On March 4, 2025, the U.S. Supreme Court issued an opinion holding that the Clean Water Act (CWA) does not authorize the U.S. Environmental Protection Agency (EPA) to impose “generic prohibitions,” otherwise known as “end-result” provisions, in National Pollutant Discharge Elimination System (NPDES) permits. San Franscisco v. EPA, No. 21-7082. The majority reasoned that the plain meaning of the terms used in §1311(b)(1) of the CWA (“limitation,” “implement,” and “meet”) “suggest EPA must set specific rules permittees must follow to achieve water quality goals.” The majority held [...]
Shale Law Weekly Review See all Shale Law Weekly Reviews »
Shale Law Weekly Review—Week of February 24, 2025
Air Quality: The U.S. Supreme Court Denies Solicitor General’s Motions for Abeyance in Environmental Cases ⚡ On February 6, 2025, the United States Supreme Court ordered that two environmental cases against the EPA would not be granted abeyance (a pause or postponement), which was moved for the Acting Solicitor General. The Supreme Court denied abeyance in Pacificorp, et al. V. EPA, et al, which is a case involving state implementation plans (SIPs) for “interstate transport of ozone.” PacifiCorp, et al., Petitioners vs. Environmental Protection Agency, et al., Docket No. 23-1068 (U.S. Apr 01, 2024). The Supreme Court also denied abeyance [...]
Shale Law Weekly Review—Week of February 17, 2025
Pipelines: Mountain Valley Pipeline Requests Approval to Build Southgate Extension ⚡ On February 3, 2025, Mountain Valley Pipeline, LLC (MVP) submitted an abbreviated application to the Federal Energy Regulatory Commission (FERC) regarding its Southgate Extension, which will run from Pittsylvania County, Virginia, to Rockingham County, North Carolina. MVP requests that FERC issue an order amending the project's certificate of public convenience and necessity, which was originally approved by FERC in 2020, but has faced several legal battles over the past four years. MVP specifically requests approval to construct “31.3 miles of 30-inch-diamater natural gas pipeline . . . , four [...]
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