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Environmental Agriculture

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

NCGA Launches The “Consider Corn Challenge”

by Bergeson & Campbell, P.C. on

On June 7, 2017, the National Corn Growers Association (NCGA), along with innovation facilitator NineSigma, announced the launch of a global competition to identify new and innovative uses for corn as a renewable feedstock...more

Biofuel Mandates Escape Current EPA Scrutiny

by Sullivan & Worcester on

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s...more

Limited Time Remaining To Help Shape Maryland's Nutrient Trading Program

by Ballard Spahr LLP on

There are only a few weeks left for the public to comment on the Maryland Department of the Environment’s (MDE) recently issued draft regulations establishing Maryland’s Water Quality Nutrient and Sediment Trading and Offset...more

DOE Announces $9 Million In Funding For Biomass Research And Development

by Bergeson & Campbell, P.C. on

On June 5, 2017, the U.S. Department of Energy (DOE), in collaboration with the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA), announced that up to $9 million in funding will be...more

Timeline for Implementation of Pesticide Applicators Rule Lengthened by the EPA

by Varnum LLP on

On May 11, 2017, EPA Administrator Scott Pruitt announced a 12-month extension on the implementation of the revised final Certification and Training of Pesticide Applicators Rule. The extension is meant to provide states and...more

New California Groundwater Fees – Another Step Forward for SGMA

by Stoel Rives LLP on

California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board...more

Trump Releases Proposed Budget For FY 2018

On May 23, 2017, President Trump released the Administration’s proposed budget for fiscal year (FY) 2018, which includes significant cuts to the U.S. Department of Energy (DOE), U.S. Environmental Protection Agency (EPA), and...more

From Mass to Class: Freeman v. Grain Processing Corporation

by McGuireWoods LLP on

Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys. Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on...more

EPA to Delay Agricultural WPS Indefinitely; Cites Issues with Guidance and Training

by Bergeson & Campbell, P.C. on

In a May 11, 2017, letter from U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator Wendy Cleland-Hamnett to the CEO of the National Association of State Departments of Agriculture (NASDA) posted by...more

D.C. Circuit Strikes Down CERCLA Reporting Exemptions for Animal Feeding Operations

by Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit has invalidated EPA’s 2008 rule exempting animal feeding operations (AFOs) from certain federal, state and local hazardous substance reporting...more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Rare Grable Removal Sighted In Missouri

by Morrison & Foerster LLP on

Establishing federal jurisdiction over state-law claims through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms Inc. v. Monsanto Co., No....more

USDA Seeks Comment On Revision To Information Collection For The Advanced Biofuel Payment Program

by Bergeson & Campbell, P.C. on

On April 25, 2017, the U.S. Department of Agriculture’s (USDA) Rural Business-Cooperative Service published in the Federal Register a notice that it is requesting approval from the Office of Management and Budget (OMB) of a...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

Federal Court Invalidates Air Reporting Exemption For Large-Scale Livestock Operations

by Bergeson & Campbell, P.C. on

On April 11, 2017, the U.S. Court of Appeals for the District of Columbia issued a decision vacating the U.S. Environmental Protection Agency’s (EPA) rule exempting livestock feeding operations from air reporting requirements...more

Client Alert: Federal Court Orders CAFOs to Report Air Emissions

On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit struck down a U.S. EPA rule exempting concentrated animal feeding operations (“CAFOs”) from requirements under CERCLA that mandate reporting of releases of...more

Rare Sighting of Successful Grable Removal Occurs in Missouri

Establishing federal jurisdiction through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms, Inc. v. Monsanto Co., No. 1:16-CV-299 SNLJ, 2017 WL 633815...more

DOE Announced Biomass Technical Advisory Meeting

by Bergeson & Campbell, P.C. on

On March 8, 2017, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a notice in the Federal Register regarding an open meeting of the Biomass Research and Development...more

Sustainable Development Update - March 2017 #2

by Allen Matkins on

Sustainable Development Focus - Microsoft tests deep-sea data centers for energy-efficient cooling, security - Construction Dive - Mar 1 - Microsoft researchers have developed undersea data centers that...more

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

by Bergeson & Campbell, P.C. on

On February 17, 2017, the U.S. Department of Agriculture (USDA) announced it is accepting applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program. The Program provides...more

USDA Extends Comment Period On Biobased Product Categories For Federal Procurement

by Bergeson & Campbell, P.C. on

On February 21, 2017, USDA announced in the Federal Register that the comment period for the Designation of Product Categories for Federal Procurement proposed rule had been extended. The proposed rule aims to amend the...more

Supreme Court Special Master Recommends Denial of Florida Water Rights Complaint Against Georgia

by Holland & Knight LLP on

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta, as well as water for agriculture in...more

Food and Beverage News and Trends - February 2017

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. California judge finds Roundup to be a possible cause of cancer. On January...more

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