Environmental Zoning, Planning & Land Use Agriculture

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New Legislation in North Carolina Impacts the Agribusiness Industry

In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more

China Releases Ambitious Plan to Address Soil Pollution

On 28 May, the State Council, China’s highest administrative body, released the Action Plan on Prevention and Control of Soil Pollution (currently available only in Chinese) to address one of the nation’s most difficult and...more

CA Lawmaker Floats a Legislative Fix to Siskiyou County Farm Bureau Case

Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the streambed alteration...more

California Environmental Law & Policy Update - April 2016

Environmental and Policy Focus - Justices suggest support for landowners in wetlands case - Bloomberg - Mar 30 - U.S. Supreme Court justices across the ideological spectrum signaled in oral argument this week...more

Fish Farming Bills Proposed in Michigan

Competing bills in the Michigan House have two very different views of allowing fish farms in Michigan. Michigan Radio Network recently reported that Rep. Ed McBroom (R-Escanaba) has sponsored a bill that would allow fish...more

U.S. Court of Appeals Issues Split WOTUS Ruling

On February 22, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit (Cincinnati) issued a split 2-1 decision, ruling that it has jurisdiction to proceed with challenges to the Obama administration's "Waters...more

Texas Groundwater Case Opens New Front in Regulatory Takings Claims

Water rights lawsuits are not new. But a recent ruling in Texas sets new precedent in the fight for groundwater. There, a Texas trial court recently awarded pecan farmers Glenn and JoLynn Bragg $2.5 million for their lost...more

California Environmental Law & Policy Update - February 2016 #4

Environmental and Policy Focus - State Water Project deliveries to cities and farms increased SFGate - Feb 24 With a bit more snow in the Sierra than in years past, California officials on Wednesday boosted the...more

Real Estate and Land Use - January 2016

Using Project Objectives to Select a Reasonable Range of Alternatives - North Coast Rivers Alliance v. A.G. Kawamura (January 4, 2016) Third District Court of Appeal Case No. C072067 - Why It Matters: This opinion...more

California Environmental Law & Policy Update - January 2016 #2

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

[Event] Agribusiness Expansion Impacts on Wastewater Utilities: How to Plan and Support a Successful Project - Jan. 27th, Grand...

TECHNICAL AND ENGINEERING ISSUES FOR CONSIDERATION WHEN ASSESSING PROJECT VIABILITY David Filipiak and Wayne Langeland, Fishbeck, Thompson, Carr & Huber, Inc....more

CDFA Program EIR Violates CEQA By Failing To Analyze Invasive Moth Control Program As Alternative To Eradication, Holds Third...

In a lengthy opinion filed December 2, 2015, and belatedly ordered published on January 4, 2016, the Third District Court of Appeal invalidated the California Department of Food and Agriculture’s (CDFA) programmatic EIR for a...more

North Carolina General Assembly Week in Review: Spotlight on Government, Regulatory and Agriculture Reform

This session the NCGA passed four major bills dealing with Government, Regulatory and Agriculture Reform. State attractions were transferred from the Department of Environment and Natural Resources tthe Department of Cultural...more

Senate Votes To Do Away with WOTUS

In November, the U.S. Senate passed a resolution of disapproval (SJR 22) to get rid of the controversial "Waters of the United States" rule (WOTUS). A wide range of farm groups oppose the legislation which is aimed at...more

Not Its First CEQA Rodeo: Third District Again Upholds Class 23 Categorical Exemption For 2011 Watsonville Rodeo Event On Remand...

In the Spring of last year, I posted an analysis of what I called the Third District Court of Appeal’s “exceptionally thorough and well-reasoned opinion” in Citizens for Environmental Responsibility v. State of California ex...more

Federal Judge Blocks WOTUS Rule, Michigan Files Separate Suit

The Environmental Protection Agency and Army Corps of Engineers’ “Waters of the United States” Rule (WOTUS) that was supposed to go into effect on August 28, 2015, was blocked when North Dakota U.S. District Judge Ralph...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Feinstein Introduces the California Emergency Drought Relief Act

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

Joint Agency Symposium Discusses Role of Electricity Sector in California’s 2030 GHG Reduction Goals

Last week, several state agencies and the California Independent System Operator held a symposium on ways to reduce greenhouse gas (GHG) emissions from electricity generation while maintaining an affordable and reliable...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Maui GMO Ban Overturned; Federal Court Remains Consistent on Preemption Analysis

This week, the federal district court in Hawaii struck down a Maui County law imposing a moratorium on the cultivation of genetically engineered organisms (GE plants, or GMOs). This decision is the third of three challenges...more

Canadian Province Finalizes Neonic Reduction Rule

The Canadian province of Ontario has issued its final regulations under the Ontario Pesticides Act aimed at reducing the area planted with maize and soybean seed treated with neonicotinoid insecticides. These changes have...more

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