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Fifth District Rejects CEQA Challenge to Fresno County Aggregate Mine Project EIR In Partially Published Decision, Clarifies State...

In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use...more

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more

The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

Ninth Circuit Affirms APHIS's Deregulation of Roundup Ready Alfalfa in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir....

On May 17, 2013, the Ninth Circuit Court of Appeals issued a game-changing decision regarding court challenges to APHIS deregulation determinations for genetically engineered (GE) plants and agricultural commodities -- in...more

A Victory for Water Users in Siskiyou County

Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

The Fiscal Cliff Deal’s Impact on Clean Energy - Contains key tax provisions for renewable energy but funding for USDA energy...

Capping weeks of intense negotiations between the Obama Administration and Congressional leaders to avert the fiscal cliff, the House of Representatives late on the night of Jan. 1 passed HR 8, the American Taxpayer Relief...more

Growing Michigan - Fourth Quarter 2012

In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more

Siskiyou Superior Court Rules that the Act of Diverting Water is Not Subject to Regulation Under California Fish and Game Code...

On December 24, 2012, the Siskiyou Superior Court issued its decision in Siskiyou County Farm Bureau v. California Department of Fish and Game, Case No. SC SC CV 11-00418....more

Energy And Environment Update -- December 2, 2012

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Commerce; Department of Defense; Department of Energy; Department of Interior; Department of Justice;...more

Energy And Environment Update -- November 18, 2012

In This Issue: Energy and Climate Debate; Congress; Department of Agriculture; Department of Interior; Environmental Protection Agency; Personnel; International; States; and Miscellaneous. Excerpt from Energy and...more

California Environmental Law and Policy Update - November 1, 2012

In This Issue: 9th Circuit Hears Calls for Feds to Regulate Roundup Ready Crops; Green Blog: Toward a Tougher Cap and Trade Program; Cap-and-Trade Failure Aided U.S. to Cut Carbon Emissions; Environmental Groups Ask EPA...more

Energy And Environment Update -- September 30, 2012

In this issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Defense; Department of Energy; Department of Interior; Environmental Protection Agency; Federal Energy...more

ARB Initiates Potentially Controversial Agricultural Equipment Regulation

I. Background The California Air Resources Board (“ARB”) recently commenced development of a new regulation targeting emissions from “off-road” agricultural equipment, such as tractors and combines. The “In-Use...more

State Water Resources Control Board Issues Draft Order Staying Provisions of Central Coast Agricultural Order

On September 10, 2012, the State Water Resources Control Board (“State Board”) issued a Draft Order which, if adopted, will stay certain provisions of the agricultural order and related monitoring and reporting program orders...more

Energy And Environment Update -- July 29, 2012

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Commerce; Department of Defense; Department of Energy; Department of Interior; Environmental Protection Agency;...more

Rocky Mountain Mineral Law Foundation, 2012 Environmental Law Update

Environmental Update: Keeping the Issues Straight in the Mining Industry, presented at RMMLF 58th Annual Institute....more

Energy And Environment Update -- July 15, 2012

In This Issue: Energy and Climate Debate; Congress; Department of Agriculture; Department of Commerce; Department of Defense; Department of Energy; Environmental Protection Agency; Federal Energy Regulatory Commission;...more

Advanced Biofuels Briefing: Washington Updates and Forthcoming Government Opportunities

The first quarter of 2012 delivered a significant amount of activity in the advanced biofuels sector, with initiatives at the Department of Defense (DOD), the Department of Agriculture (USDA), and the Department of Energy...more

Energy And Environment Update -- February 19, 2012

In This Issue: Energy and Climate Debate Congress Administration Department of Agriculture Department of Commerce Department of Defense Department of...more

Energy and Environment Update -- January 22, 2012

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Commerce; Department of Energy; Department of Interior; Department of Transportation; Environmental Protection...more

McAfee & Taft RegLINC - September 2011: Endangered species litigation — Potential impact on pesticide use in production...

On May 30, 2007, the Center for Biological Diversity filed a lawsuit alleging that the U.S. Environmental Protection Agency (EPA) was failing to comply with Section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47...more

Designation of Biobased Items for Federal Procurement

On July 22, 2011, the U.S. Department of Agriculture ("USDA") finalized a proposed rule that designates certain items for inclusion in the USDA's BioPreferred Program ("Program"). See 76 Fed. Reg. 43808 (July 22, 2011). Under...more

McAfee & Taft AgLINC: Endangered species litigation By Chris Paul

Center for Biological Diversity v. EPA — Potential impact on pesticide use in production agriculture On May 30, 2007, the Center for Biological Diversity filed a lawsuit alleging that the U.S. Environmental Protection...more

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