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Beveridge & Diamond Wins Preemption Decision in Washington State Court of Appeals

Appellate litigators in Beveridge & Diamond’s District of Columbia office, working with the Washington Department of Ecology, secured a unanimous decision from the Washington Court of Appeals striking down a county ban on...more

Do Takes of the Utah Prairie Dog Affect Interstate Commerce? Only When McDonalds Starts Serving Prairie Burgers

Earlier this week, in a suit brought by the beautifully named People for the Ethical Treatment of Property Owners, Judge Dee Benson ruled that the United States Fish and Wildlife Service could not regulate takes of the Utah...more

Court Holds Congress Lacks Power to Regulate Take of Intrastate Species that Has No Substantial Effect on Commerce

On November 4th, the U.S. District Court for the District of Utah invalidated the special rule issued by the U.S. Fish and Wildlife Service (Service) regulating take of the threatened Utah prairie dog, a species that only...more

California Environmental Law and Policy Update - October 2014 #5

Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more

The State and Local Regulatory Landscape for Bioengineered Plants

Across the country, numerous state and local governments have enacted or are considering laws affecting the cultivation, use, and labeling of genetically engineered plants (“GMOs”). These laws are best described in three...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

Growing Michigan - Third Quarter 2014

In This Issue: - Food and Drug Administration Not Required to Ban Antibiotics Given to Food-Producing Animals - U.S. Department of Agriculture Expands Crop Insurance under 2014 Farm Bill -...more

Proposed MAEAP Rules Narrow “Right to Farm” Protection

Proposed rule changes in the Michigan Agricultural Environmental Assurance Program (MAEAP) have excluded some farmers from MAEAP verification and protection....more

Bridging Troubled Water: Yes or No on California Prop 1?

Fall is here. Most of us can't tell, given the soaring temperatures outside. A better thermometer might be the onslaught of political commercials we're now seeing on television. To prepare for the elections in...more

Judge Overturns Kauai County Pesticide and GMO Law

On August 25, the federal district court for Hawaii vacated Kauai County’s Ordinance 960, which imposed mandatory disclosure obligations regarding the use of certain pesticides and the cultivation of genetically modified...more

California Environmental Law and Policy Update - August 2014 #4

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...more

Rural Nevada Anti-Fracking Group Seeks to Enjoin Oil and Gas Lease Sale

Reese River Basin Citizens Against Fracking filed a complaint in federal court on June 27, seeking to enjoin the United States Bureau of Land Management (BLM) from holding an oil and gas lease sale. The rural group is...more

EPA Makes Blueberry Farms Collateral Damage in Wetland Battle

One of the important provisions of the 2013 amendments (2013 P.A. 98 or Act 98) to Michigan's wetland statute (Part 303 of the Natural Resources and Environmental Protection Act) required the Michigan Department of...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

State Water Quality Control Board to Consider General Waste Discharge Requirements for Recycled Water Use on June 3, 2014

On June 3, 2014, partially in response to lingering drought conditions throughout the state, the California State Water Resources Control Board (“SWRCB”) will consider adopting a “general” waste discharge requirements (“WDR”)...more

No Bull: Santa Cruz County Rodeo Qualifies for CEQA Exemption

In Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association, et al. (3rd App. Dist., March 26, 2014), the appellate court affirmed the trial court’s decision to exempt a...more

Real World Implications of Forest Service’s New Process for Finalizing Records Of Decision

About a year ago, the Department of Agriculture (“USDA”) issued a final rule establishing a ?new and exclusive process for filing objections to certain proposed National Forest Service (“NFS”) ?projects and activities (78...more

California Environmental Law and Policy Update

Environmental and Policy Focus - DWR must acquire properties before testing tunnel for diversion of water to Southern California - CourtHouse News - Mar 17: A California appellate court ruled last week that, before...more

Texas Environmental Update - February 14, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

New Law Eliminates Any Clean Water Act NPDES Permit Requirement For Logging Road Stormwater Runoff

On February 7, 2014, President Obama signed into law the 2014 Farm Bill, H.R. 2642. Section 12313 of the Bill (Silvicultural Activities) amends the Clean Water Act to make clear that a National Pollutant Discharge...more

Fish and Wildlife Service’s Proposal to List Lesser Prairie Chicken as “Threatened” Could Have Impact on Industries

On December 11, 2012, the U.S. Fish and Wildlife Service (Service) announced a proposed rule to list the Lesser Prairie Chicken (LEPC) as threatened under the U.S. Endangered Species Act (ESA). The LEPC is a ground-dwelling...more

Growing Michigan - Fourth Quarter 2013

In This Issue: - Proposed EPA Water Rule Could Expand Regulatory Authority Over Streams and Wetlands - USDA Finalizes Import Regulations for "Mad Cow Disease" - Organic Farmers Effected by Farm Bill Extension...more

DEQ Proposes Wetland General Permit For Blueberry Farming, Public Comment Period Now Open

On December 30, 2013, the Michigan Department of Environmental Quality ("DEQ") publicly noticed a proposed general permit category for activities in wetlands. The activity involves blueberry farming and it -- at long-last --...more

Virginia Environmental Regulatory Developments (November 2013)

STATE AIR POLLUTION CONTROL BOARD - A. Proposed Regulations - 1. 9VAC5-130. Regulation for Open Burning (Rev. E12) (amending 9VAC5-130-10 through 9VAC5-130-50, 9VAC5-130-100; repealing 9VAC5-130-60)....more

GMO Laws Take Root in Hawai‘i

Recently, two counties in the State of Hawai‘i passed laws that restrict the growth and cultivation of genetically modified crops (“GMO”). Kaua‘i County passed Bill 2491 after overriding a mayoral veto on November 16, 2013....more

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