Air Quality
Agricultural Law Weekly Review—April 15, 2024
Ag-Gag Statutes: Kentucky Legislature Passes ‘Agricultural Key Infrastructure Asset Trespass Law,’ Overrides Governor Veto 🌾
On April 12, 2024, the Kentucky legislature overrode the governor’s veto to pass into law Senate Bill 16, titled “An Act Relating to Agricultural Key Infrastructure Assets” (with votes totaling 32-6 in the House and 71-26 in the Senate). The law adds three types of facilities to the definition of “key infrastructure assets”—(1) “a commercial food manufacturing or processing facility,” (2) “an animal feeding operation,” and (3) “a concentrated animal feeding operation”—and establishes that a person “commits the offense of trespass upon key infrastructure […]
Agricultural Law Weekly Review—April 1, 2024
Air Quality: SEC Publishes ‘Climate-Related Disclosures for Investors’ Final Rule 🌾
On March 28, 2024, the U.S. Securities and Exchange Commission (SEC) published in the Federal Register a final rule (89 FR 21668) that will require U.S.-listed public companies “to provide certain climate-related information in their registration statements and annual reports.” Also announced by SEC, the rule will require companies to provide “information about a registrant’s climate-related risks that have materially impacted, or are reasonably likely to have a material impact on, its business strategy, results of operations, or financial condition.” According to the rule, “an agricultural producer or […]
Shale Law Weekly Review—Week of February 19, 2024
Air Quality: EPA Bolsters Soot Pollution Standards Following Air Quality Concerns ⚡
On Tuesday, February 7, 2024, the Environmental Protection Agency (EPA) published a final rule with new Particulate Matter (PM) standards that were decided on after reconsidering the 2020 National Ambient Air Quality Standards (NAAQS). As stated in the document, the EPA has revised the NAAQS by decreasing the standard for fine particulate matter (PM2.5), otherwise known as soot, from 12 micrograms per cubic meter to 9 micrograms per cubic meter. The EPA explains that this newly lowered standard was agreed upon after reviewing extensive scientific research on the […]
Agricultural Law Weekly Review—January 18, 2024
Ag-Gag Statutes: Eighth Circuit Reverses Injunctions for Two Iowa ‘Ag-Gag’ Laws 🌾
On January 8, 2024, the U.S. Court of Appeals for the Eighth Circuit issued two opinions in separate cases reversing injunctions against two so-called Iowa “ag-gag” laws for First Amendment violations and remanding each case. Animal Legal Defense Fund v. Reynolds, No. 22-1830 (4:19-cv-00124, S.D. Iowa, filed Apr. 19, 2019) and Animal Legal Defense Fund v. Reynolds, No. 22-3464 (4:21-cv-00231, S.D. Iowa, filed Aug. 10, 2021). In the first opinion (22-1830), the plaintiffs had challenged Iowa’s “Agricultural Production Facility Trespass” law (Iowa Code § 717A.3B), […]
Shale Law Weekly Review—Week of December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives ⚡
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of “non-gas pipeline alternatives” such as “electrification, thermal networked systems, targeted energy efficiency and demand response, and behavior change and market transformation” by LCDs. Further, the Order requires LCDs seeking cost recovery for the promotion of natural gas to prove that non-gas pipeline alternatives “were […]
Shale Law Weekly Review—Week of December 4, 2023
Pipelines: FERC Authorizes Construction of the Southeast Energy Connector Project ⚡
On November 16, 2023, FERC issued an order authorizing the construction and operation of the Southeast Energy Connector Project (SECP). Transcontinental Gas Pipe Line Co. LLC, 185 FERC ¶ 61133, Docket No. CP22-501-000 (2023). The order authorizes the construction and operation of Transcontinental Gas Pipe Line Co. LLC (Transco)’s pipeline and associated compression facilities in Chilton and Coosa Counties, Alabama. Transco is a wholly owned subsidiary of Williams Gas Pipeline Company, LLC. According to the order by FERC, the SECP is designed to supply energy to Mississippi and […]
Agricultural Law Weekly Review—October 23, 2023
Ag-Gag Statutes: Supreme Court Denies Petition to Decide Whether First Amendment Protects ‘Newsgathering Activities’ in Non-Public Farm Areas 🌾
On October 16, 2023, the U.S. Supreme Court denied a petition for a writ of certiorari for a case seeking reversal of the U.S. Court of Appeals for the Fourth Circuit’s decision upholding parts of North Carolina’s Property Protection Act—but enjoining enforcement of the act for “newsgathering activities.” Stein v. People for the Ethical Treatment of Animals, Inc., No. 22-1150 (U.S.); PETA v. NC Farm Bureau, No. 20-1776 (4th Cir.). The Fourth Circuit’s opinion, which held that […]
Shale Law Weekly Review—Week of July 17, 2023
National Energy Policy: DOE Announces $90 Million Intended to Update State and Local Building Energy Codes ⚡
On July 12, 2023, the United States Department of Energy (DOE) posted a press release announcing $90 million to help municipalities, states, tribes, and other partnering organizations implement updated building energy codes. The funding has been awarded to 27 projects in 26 states and the District of Columbia. Updated state and local building codes are projected to save Americans $138 billion on utility bills and reduce CO2 emissions by 900 million metric tons by 2040, according to the DOE’s impact analysis.
Air Quality: […]
Agricultural Law Weekly Review—June 19, 2023
Pesticides/Herbicides: Environmental Groups Challenge EPA’s Registration of Enlist One and Enlist Duo 🌾
On June 6, 2023, the Center for Food Safety and two other advocacy groups filed a complaint in the U.S. District Court for the District of Columbia seeking injunctive and declaratory relief against the U.S. Environmental Protection Agency’s (EPA) registration decision for Enlist One and Enlist Duo. Ctr. for Food Safety v. U.S. Envtl. Prot. Agency, No. 1:23-cv-01633. In January 2022, EPA granted an extended seven-year registration for the two herbicides in 34 states, which may be expanded to six other states pending a […]
Shale Law Weekly Review—Week of May 22, 2023
Air Quality: The EPA Announces Proposed Standards for Carbon Emissions from Fuel Fired Power Plants ⚡
On Thursday, May 11, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule which would impose new standards for carbon emissions for coal and natural gas power plants. The EPA is proposing these new standards under the Clean Air Act, providing “emission limits and guidelines for carbon dioxide (CO2) from fossil fuel-fired power plants.” The proposed standards and guidelines are aimed to enhance public health by helping to reduce particulate matter and other harmful air pollutants. The EPA will be opening […]
