Environmental Agriculture Civil Remedies

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Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical Injury to Property

In a closely watched case, the Texas Supreme Court recently declined to address the issue of a right to recover damages for “stigma” in the absence of a permanent physical injury to property. (Houston Unlimited, Inc. v. Mel...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

House Passes Healthy Forests Bill That Would Amend ESA With Respect To Forest Reserve Projects

On September 20, 2013, H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, was passed by the House of Representatives by a vote of 244-173. Shortly thereafter, the bill was referred to the Senate Committee...more

Extra Record Evidence Saves Forest Service From Section 7(d) Violation

Late last month, the United States District Court for the District of Idaho denied preliminary injunctive relief in an Endangered Species Act case against the Fish and Wildlife Service (FWS) and Forest Service, even though it...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: General permit now available for pesticides applied to...

For decades, the Federal Insecticide, Fungicide and Rodenticide Act has provided regulation for the application of pesticides. However, in 2009, the Sixth Circuit Court of Appeals required the Environmental Protection Agency...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

Agribusiness Alert: Minnesota Court of Appeals Allows Trespass Claim for Pesticide Drift

Pesticide overspray drift to a neighboring property in Minnesota may now qualify as a trespass, thanks to the Minnesota Court of Appeals’ recent decision in Johnson, et al., v. Paynesville Farmers Union Cooperative Oil Co.,...more

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