Water Quality
Shale Law Weekly Review – Week of March 29, 2021
Pipelines / Water Quality: Court of Appeals Denies Review of FERC Order Regarding Water Quality Certification for Natural Gas Pipeline Project ⚡
On March 23, 2021, the U.S. Court of Appeals for the Second Circuit denied a petition to review a Federal Energy Regulatory Commission (FERC) order regarding the water quality certification for the Northern Access 2016 pipeline project (Pipeline Project). (New York State Dep’t of Envt’l Conservation v. FERC, No. 19-1610). The New York State Department of Environmental Conservation (DEC) filed a petition for review after FERC ordered that DEC waived their authority to rule on water quality certification […]
Agricultural Law Weekly Review—Week Ending March 19, 2021
Water Quality: Exelon’s Conowingo Dam Relicensed As Per Settlement with Maryland 🌾
On March 18, 2021, the Federal Energy Regulatory Commission (FERC) issued a new 50-year license to Exelon Generation Company, LLC’s Conowingo Hydroelectric Project, the nearly century-old dam located on the Susquehanna River in Maryland approximately ten miles north of its entry to the Chesapeake Bay. Exelon Generation Company, LLC, Project Nos. 405-106 and 405-121, 174 FERC ¶ 61,217. In recent years it was discovered that previous modeling of phosphorous, nitrogen and sediment trapped behind the dam were flawed and pollutants previously assumed to be trapped behind the dam […]
Shale Law Weekly Review – Week of March 8, 2021
Water Quality: Court of Appeals Reverses Lower Court Decision that Enjoined Use of New Clean Water Act Rule in Colorado ⚡
On March 2, 2021, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court decision that had enjoined the use of section 404 of the Clean Water Act in Colorado. (State of Colorado v. EPA, Nos. 20-1238, 20-1262, 20-1263). In April 2020, the Environmental Protection Agency and the Army Corps of Engineers (Agencies) published the Navigable Waters Protection Rule: Definition of the “Waters of the United States.” The Navigable Waters Protection Rule (NWPR) defines Waters […]
Agricultural Law Weekly Review—Week Ending March 5, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Hear Commerce Clause Challenge to California’s Proposition 12 🌾
On February 26, 2021, the North American Meat Institute (NAMI) filed a petition for writ of certiorari with the U.S. Supreme Court requesting that it hear an appeal of the Ninth Circuit U.S. Court of Appeals’ decision that California’s Proposition 12 does not violate the U.S. Constitution’s Commerce Clause in establishing animal confinement standards for all pork and veal products sold in the state. A response is due from the California Attorney General by April 2, 2021. North American Meat Institute v. Xavier Becerra, […]
Shale Law Weekly Review – Week of March 1, 2021
Pipelines: Court of Appeals Denies Emergency Stay of Mountain Valley Pipeline Construction ⚡
On February 19, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied an Emergency Motion for Stay Pending Appeal regarding Mountain Valley Pipeline construction in Appalachian Voices v. FERC, Docket nos. 20-1512 and 21-1040. Several environmental groups filed an Emergency Motion for Stay after the Federal Energy Regulatory Commission (FERC) issued orders allowing the pipeline project to continue construction. The Motion requested that that the court stay new pipeline construction to prevent environmental damage along the proposed pipeline route. The court denied […]
Agricultural Law Weekly Review—Week Ending February 26, 2021
Antitrust: Court Grants Preliminary Approval of Civil Antitrust Settlement; Tyson and Pilgrim’s to Pay $155 Million 🌾
On February 25, 2021, the U.S. District Court for the Northern District of Illinois issued an order granting preliminary approval of the settlements between Defendants Pilgrim’s Pride Corp. and Tyson Foods and the Direct Purchaser Plaintiffs (DPPs) in the consolidated antitrust class action suit In re Broiler Chicken Antitrust Litigation (No. 1:16-cv-08637). According to the agreement, subject to a June 29, 2021 Fairness Hearing, Pilgrim’s will pay up to $75 million to the DPP Class, which it previously announced. See ALWR—week ending January 15, […]
Shale Law Weekly Review – January 18, 2021
Water Quality: Pennsylvania Senators File Lawsuit Against Delaware River Basin Commission Seeking to Lift Drilling Moratorium
On January 11, 2021, a lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania against the Delaware River Basin Commission by Pennsylvania Senators Gene Yaw and Lisa Baker, the Pennsylvania Senate Republican Caucus, and Damascus Township. (Senator Gene Yaw, et al. v. The Delaware River Basin Commission, Docket number 2:21-cv-00119.) The complaint asks the court to determine whether the Delaware River Basin Commission exceeded its authority by imposing a moratorium on the construction and operation of natural gas wells, or, alternatively, whether […]
Shale Law Weekly Review – January 15, 2021
Pipelines: Montana Department of Environmental Quality Issues Final Determination on Keystone XL’s 401 Water Quality Certification Application
On December 31, 2020, the Montana Department of Environmental Quality (DEQ) issued its final determination on Keystone XL Pipeline’s application for 401 Water Quality Certification. The final determination announced that DEQ would issue the pipeline the 401 Water Quality Certification with fifteen conditions, including one which allows DEQ to reopen and modify the Certification to ensure the pipeline adheres to relevant water quality standards. DEQ imposed the conditions because it has been unable to answer and meaningfully respond to all of the more than 650 […]
Agricultural Law Weekly Review—week ending November 27, 2020
Food Labeling: International Dairy Federation Publishes Dairy Terminology Standards Update
On November 18, 2020, the International Dairy Federation (IDF) announced the publication of an update to its General Standard for the Use of Dairy Terms (GSUDT), titled IDF Bulletin 507/2020: The Codex General Standard for the Use of Dairy Terms—Its nature, intent, and implications. IDF specifies in the bulletin that milk “refers to normal mammary secretion of milking animals obtained from one or more milkings” and that “dairy terms are reserved to milk and milk products conforming to this definition.” Along with the bulletin, which is intended as […]
Agricultural Law Weekly Review—week ending October 30, 2020
Pesticides: EPA Approves Three Dicamba Products’ Registrations Until December 20, 2025
On October 27, 2020, the U.S. Environmental Protection Agency (EPA) announced its decision to approve five-year registrations of three dicamba products for “over-the-top” use: Bayers’ XtendiMax and BASF’s Engenia, whose registrations were previously cancelled, and Syngenta’s Tavium, whose registration was not cancelled but set to expire December 20, 2020. DuPont’s FeXapan is not part of the approval decision and remains unapproved for any use at this time. The three decisions, and supporting documents, are posted directly to the Regulations.gov nonrulemaking docket EPA-HQ-OPP-2020-0492 titled “
