Water Quality
Shale Law Weekly Review—Week of March 31, 2025
Water Quality: Bucks County Attorney General’s Office Announces Investigation into Sunoco Pipeline Leak 
On March 11, 2025, the Bucks County Assistant District Attorney Edward Louka announced during a town meeting that the Attorney General’s office would be investigating leaks from a Sunoco pipeline in Upper Makefield, PA. The pipeline leak was confirmed by a Pennsylvania announcement in January 2025, which stated that the pipeline leak had contaminated six wells within Upper Makefield. Since the leak was announced, the Pennsylvania Department of Environmental Protection (DEP) had been involved with water testing within the wells for contamination, with potential contaminants […]
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 […]
Shale Law Weekly Review—Week of March 3, 2025
Water Quality: EPA Approves Class VI Primacy Application for West Virginia
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned to protect underground sources of drinking water while bolstering energy independence and dominance.” According to the announcement, West Virginia is the fourth state to receive Class VI primacy since 2018. Additionally, the announcement stated that the EPA Administrator will begin “fast-track[ing]” Class VI primacy […]
Shale Law Weekly Review—Week of December 23, 2024
Public Health: Department of Energy Releases Three Action Plans for Transportation Emissions
On December 12, 2024, the United States Department of Energy (DOE) announced three action plans regarding transportation emissions. In 2023, the DOE, the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Department of Housing and Urban Development (HUD) partnered to create the U.S. National Blueprint for Transportation Decarbonization. Stemming from this plan, the DOE, DOT, EPA, and HUD worked together to develop the three action plans – An Action Plan for Maritime Energy and Emissions Innovation, An Action Plan for Rail Energy and […]
Agricultural Law Weekly Review—November 21, 2024
Avian Influenza: USDA Confirms first HPAI in Swine
On October 30, 2024, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency had confirmed the first detection of highly pathogenic avian influenza (HPAI/H5NI) in swine in the United States, located in an Oregon non-commercial backyard farming operation. According to the announcement, the premises included “a mix of poultry and livestock, including swine” that “shared water sources, housing, and equipment,” which the department states “has enabled transmission between species [in other states].” APHIS states that “the animals were not intended for the commercial […]
Agricultural Law Weekly Review—November 5, 2024
Pesticides/Herbicides: Massachusetts State Court Grants Summary Judgment for Monsanto on FIFRA Preemption
On October 21, 2024, the Essex County Superior Court of Massachusetts issued a memorandum and order granting summary judgment to Monsanto/Bayer on the issue of preemption, finding that the plaintiff’s state law failure to warn claim was preempted by the labeling requirements of the Federal Insecticide and Fungicide Act (FIFRA), which “provides that a state shall not impose . . . any requirements for labeling or packaging in addition to or different from those required under” FIFRA. Cardillo v. Monsanto, No. 2177CV00462. The court stated that “while […]
Agricultural Law Weekly Review—October 23, 2024
Upcoming—Register Now!
- Understanding the Basics of Right to Repair Laws, Online Fri. Oct. 25, 2024
- Dairy Quarterly Legal Webinar: Raw Milk—An Overview of State Raw Milk Regulations, Online Tues. Oct. 29, 2024.
Water Quality: Federal Court Upholds Vacatur of 2020 NRCS Wetlands Final Rule
On October 8, 2024, the U.S. District Court for the District of Columbia issued an opinion denying the U.S. Department of Agriculture (USDA) Natural Resource Conservation Service’s (NRCS) motion to alter the court’s February 2024 judgment and remand to the agency without vacatur its 2020 wetland conservation rule “to minimize disruption […]
Agricultural Law Weekly Review—September 16, 2024
This Week:
- Right to Repair and Agriculture, Center Director Ross Pifer presents with the National Agricultural Law Center, Online Wed. Sep. 18, 2024
- 2024 Pennsylvania Agricultural Law Symposium, In-person Thurs. Sep. 19, 2024
International Trade: Chile Approves Agreement on U.S. Meat and Cheese Imports, Terminology
On September 3, 2024, the Office of the U.S. Trade Representative (USTR) announced that the National Congress of Chile had approved an agreement “regarding market access to Chile for a number of U.S. cheese and meat products and how Chile will treat prior users of certain terms for cheeses.” Previously, in June […]
Agricultural Law Weekly Review—August 21, 2024
This Friday Aug. 23—Understanding the Basics of the H-2A Temporary Agricultural Worker Program
Pesticides: EPA Emergency Order Halts Use of Pesticide Dacthal
On August 7, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice of Emergency Order (89 FR 64445) immediately suspending the registration and use of all pesticides containing dimethyl tetrachloroterephthalate (DCPA or Dacthal), citing the danger the substance poses to pregnant women and unborn babies. Also announced by EPA, the agency states that it “has determined that continued sale, distribution, or use of DCPA products during the time required to cancel […]
Agricultural Law Weekly Review—July 15, 2024
This Week—Register Now!
- Tues. July 16: Overview of U.S. State Milk Pricing Systems, Part 2
- Wed. July 17: “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the […]
