Air/Water Quality
Agricultural Law Weekly Review—November 14, 2023
Pesticides/Herbicides: Circuit Court Rules California’s Glyphosate Warning Requirement Violates First Amendment 🌾
On November 7, 2023, the U.S. Court of Appeals for the Ninth Circuit released an opinion holding California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate violated the First Amendment of the U.S. Constitution. National Association of Wheat Growers v. Bonta, No. 20-16758. The court found that Proposition 65’s glyphosate warning requirement did not fall within the exceptions for compelled commercial speech under the First Amendment because the warning was “controversial” due to “a robust disagreement by reputable scientific sources” regarding the safety of glyphosate. […]
Agricultural Law Weekly Review—July 24, 2023
Water Quality: States and EPA Jointly Move to Dismiss Chesapeake Bay Water Pollution Suit 🌾
On July 12, 2023, all parties involved in Chesapeake Bay Foundation v. Environmental Protection Agency filed in the U.S. District Court for the District of Columbia a joint stipulation notifying the court of the parties’ voluntary dismissal, without prejudice, of all claims. Chesapeake Bay Foundation v. EPA, No. 1:20-cv-02529. The case was initially filed in September 2020 by Maryland, Virginia, Delaware, the District of Columbia, and several environmental groups against EPA seeking to compel the agency to enforce Pennsylvania’s Chesapeake Bay nutrient and […]
Agricultural Law Weekly Review—May 22, 2023
Water Quality: Consent Decree Directs Ohio EPA to Develop Western Lake Erie Watershed TDML 🌾
On April 25, 2023, the U.S. District Court for the Northern District of Ohio Toledo Division issued a consent decree directing the Ohio Environmental Protection Agency (Ohio EPA) to develop a Total Maximum Daily Load (TMDL) for the Maumee River Watershed. Environmental Law & Policy Center v. United States Environmental Protection Agency, No: 3:19-cv-00295. In February 2019, the plaintiffs filed a complaint alleging that the Ohio EPA failed to take proper action, or implement an effective TMDL, to combat phosphorus and other nutrient […]
Agricultural Law Weekly Review—May 8, 2023
Conservation Programs: USDA Begins Implementation Phase of Climate-Smart Commodities Program Projects 🌾
On April 27, 2023, the U.S. Department of Agriculture (USDA) announced the beginning of the implementation phase of projects funded through the Partnerships for Climate-Smart Commodities program. With the implementation phase, USDA is launching the Partnerships for Climate-Smart Commodities Learning Network (Partnerships Network). This Partnership Networks allows for collaboration between projects. Producers interested in participating can find projects in their area through the project dashboard. For background, see ALWR—Dec. 16, 2022, “Conservation Programs: USDA Announces Additional $325 Million for Climate-Smart Commodities Projects” and ALWR—Sept. […]
Shale Law Weekly Review—Week of April 17, 2023
Pipelines: DOT Grants $196 Million for Pipeline Repair and Improvement Projects ⚡
On Wednesday, April 5, 2023, the Department of Transportation (DOT) and the Hazardous Material Safety Administration (PHMSA) announced $196 million in grants that will fund 37 projects across 19 states for the purpose of fixing old, leaky pipelines. The main goal of the projects is to improve public health and safety by cutting down on methane emissions from faulty gas pipes. The announcement emphasizes the job growth that will result from the grant, noting that hundreds of individuals from rural and urban communities will find employment repairing, replacing, […]
Shale Law Weekly Review—Week of April 10, 2023
GHG Emissions: EPA Rubber-stamps New California Regulations for Heavy-duty on Road Vehicles and Engines ⚡
On March 30, 2023, the Environmental Protection Agency (EPA) granted two waiver requests sought by the California Air Resource Board (CARB) pertaining to the regulation of heavy-duty on road vehicles and engines. Specifically, CARB sought a waiver of the federal preemption of motor vehicle emissions regulation under Section 209(b) Clean Air Act. In its decision, the EPA first granted CARB’s 2018 HD Warranty Amendments, which extends the emissions warranty period for heavy-duty diesel vehicles and engines over 14,000 pounds manufactured in 2022 or later. […]
Agricultural Law Weekly Review—April 10, 2023
Water Quality: Stay Granted in Litigation on Petition to Compel Revision of Clean Water Act CAFO Regulations 🌾
On April 3, 2023, the U.S. Court of Appeals for the Ninth Circuit entered an order staying a petition for writ of mandamus filed against the U.S. Environmental Protection Agency (EPA) by several environmental groups, pursuant to a joint stipulation filed by the parties in the case of Food & Water Watch, et al v. USEPA, No. 22-70226. According to the terms of the stay, EPA must respond by August 15, 2023 to a 2017 petition asking the agency […]
Agricultural Law Weekly Review—January 23, 2023
WOTUS: EPA Publishes Final Rule Defining ‘the Waters of the United States’ 🌾
On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army Corps of Engineers published in the Federal Register a final rule revising the definition of “the Waters of the United States” (WOTUS). This rule defines the range of the waters protected under the Clean Water Act (CWA) and will take effect March 20, 2023. According to EPA, the new definition better represents the intent of the CWA, Supreme Court case law, and scientific expertise. More information on the new rule […]
Agricultural Law Weekly Review—Week Ending June 24, 2022
Pesticides/Herbicides: U.S. Supreme Court Declines to Hear Bayer RoundUp Verdict Appeal ⚡
On June 21, 2022, the U.S. Supreme Court denied the August 16, 2021 Petition For Certiorari filed by Bayer (purchaser of Monsanto’s glyphosate-containing RoundUp product line and successor to its product liabilities) seeking to appeal the May 14, 2021, decision of the Ninth Circuit U.S. Court of Appeals holding that products liability claims for failure-to-warn of the risk of non-Hodgkin’s lymphoma from the products’ use are not preempted by the federal pesticide/herbicide labeling regulatory scheme set forth in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and […]
Agricultural Law Weekly Review—Week Ending June 17, 2022
Animal Welfare: U.S. Solicitor General Argues Proposition 12 is Unconstitutional ⚡
On June 17, 2022, the U.S. Solicitor General filed an Amicus Curiae Brief in the case of National Pork Producers Council, et al. v. Ross, et al., No 21-468, currently pending before the U.S. Supreme Court setting forth the position of the United States government that the State of California’s Proposition 12 animal confinement law made applicable to out-of-state production of pork products sold in California violates the Commerce Clause of the United States Constitution. On June 14, 2022, the U.S. Supreme Court set oral argument in […]
