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Zoning, Planning & Land Use Agriculture

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

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

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

Town of Southold Expands Scope of Agricultural Use

by Farrell Fritz, P.C. on

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning Code as it relates to agricultural uses. Specifically, the local law amends and adds certain definitions to the Code...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

The Love/Hate Relationship Between Alcoholic Beverage and Cannabis Industries

by Garvey Schubert Barer on

Here at GSB, we work with those in the cannabis industry (like producers, processors, retailers and ancillary service providers) and those in the alcoholic beverage industry (like wineries, breweries, distilleries, hotels and...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

Oregon Legislature Takes Up Cider Bill

For several decades in Oregon, production of alcoholic beverages has firmly occupied the shifting regulatory border between agricultural and commercial uses, the latter of which Oregon law discourages or prohibits on...more

Preserving Agricultural Land in Maryland – Reaping Rewards for Farmers

by Miles & Stockbridge P.C. on

While growth and development is inevitable in the name of progress, the State of Maryland and its more rural counties have made efforts to find some balance by providing incentives to farmers for preserving agricultural land...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

Old MacDonald Had a Farm. Wait, Maybe He Didn’t.

In March 2015, Katie and Chris Brewer bought 22 acres in Chapel Hill, Orange County – a rural, wooded spot – through an entity called Southeast Property Group, LLC. Among other things on their property, the Brewers intended...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

Hemp: Coming to a Farm Near You?

by Farrell Fritz, P.C. on

Plans to expand New York’s Industrial Hemp Agricultural Pilot Program were recently announced by Governor Andrew Cuomo at one of his State of the State addresses. The program, which commenced in 2016, was authorized pursuant...more

Senator Stabenow Introduces Urban Agriculture Act of 2016

by Varnum LLP on

This fall, U.S. Senator Debbie Stabenow announced plans to introduce the Urban Agriculture Act of 2016, legislation that would support urban farming initiatives and increase access to healthy food. “Urban agriculture is...more

Less Is More?: New North Carolina Law Clarifies When Building Permits Are NOT Required

A new law took effect in North Carolina on October 1, 2016, and it affects the need for building permits. Session Law 2016-113, entitled An Act to Provide Further Relief to the Agricultural Community, clarifies in Section 13...more

Three Things You Need to Know About California’s New Surface Water Diversion Reporting Requirements

by Stoel Rives LLP on

On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements....more

New Legislation in North Carolina Impacts the Agribusiness Industry

by Nexsen Pruet, PLLC on

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

by Latham & Watkins LLP on

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

Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval

For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens...more

Iowa landowners file lawsuits to suspend eminent domain hearings

by Davis Brown Law Firm on

On Friday, May 20, Bill Hanigan of the Davis Brown Law firm filed separate lawsuits on behalf of Verdell and Marian Johnson, and Marvin and Bonnie Zoch, against Dakota Access Pipeline Company. Both couples are Cherokee County...more

SC Public Policy Update - April 2016 #5

by Nexsen Pruet, PLLC on

What's New - SENATE - The Senate had a very active week of floor debate as members worked through the calendar in an attempt to send bills to the House of Representatives before the May 1st crossover deadline. The...more

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

by Stoel Rives LLP on

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

by Allen Matkins on

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

by Varnum LLP on

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

by Varnum LLP on

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

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