Zoning, Planning & Land Use Agriculture

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New York Amends Agriculture and Markets Law To Provide Real Property Exemption For Silvopasture

For the first time, New York will classify silvopasture as agricultural land for the purpose of real property tax exemptions. This new classification could result in substantial tax savings for any livestock owner that uses...more

Proposed Changes to Australia's Foreign Investment Framework

In response to the findings of a recent report on Foreign Investment in Residential Real Estate (Report) by the House of Representatives Standing Committee on Economics (Committee), the Commonwealth Government of Australia is...more

California Groundwater Users Face Unpredictable Legal Frontier

In 2014, for the first time in its 164-year history, California enacted a law that comprehensively regulates the extraction and use of the state’s groundwater. This legislative action came against the dramatic backdrop of...more

EU Passes Controversial Directive Concerning GMOs

On March 2, 2015, European Union (EU) Ministers approved a Directive previously approved by the European Parliament with regard to genetically modified organisms (GMO). ...more

Protective Order Issued in Suit to Stop EPA from Releasing Farmers’ Information

A federal district court in Minnesota recently issued a protective order prohibiting the EPA from releasing information about animal feeding operations—including farmers' names, home addresses, telephone numbers and email...more

Grants Available for Specialty Crops – March 26 Deadline

In early February 2015, a spokesperson for the Michigan Department of Agricultural and Rural Development (MDARD) announced the availability of a series of grants for Michigan specialty crop growers. The grants are funded by...more

CEQA Roundup – Recent Developments

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more

USDA Releases 2016 Budget Request, Continues To Support Rural Renewable Energy

The U.S. Department of Agriculture (USDA) released its fiscal year 2016 budget request on February 2, 2015. The proposed budget is $156 billion total, with $6 billion going directly to loans that will encourage cleaner fossil...more

EPA Releases For Public Comment Controversial “EPA Framework for PIP Registrants: Proposal to Address Key SAP Recommendations for...

On January 28, 2015, the U.S. Environmental Protection Agency (EPA) announced that it has made available for public comment its proposal to improve the corn rootworm insect resistance management program currently in place for...more

WRI Report Concludes Biofuels Competing With Food Sources

The World Resources Institute (WRI) issued a working paper, "Avoiding Bioenergy Competition for Food Crops and Land," as part of its series on "Creating a Sustainable Food Future." ...more

South Carolina Legislative Update

The House and Senate were busy this week with numerous subcommittee and committee meetings – ethics reform, surface water withdrawal, Pollution Control Act/DHEC Board review, and budget deliberations were a few of the items...more

Ruling Applies RCRA to Dairy Practices for the First Time

Community Ass’n for Restoration of the Envt. v. Cow Palace, The Dolsen Companies, and Three D, Case No. 13-3016 (E.D. Wash.) On January 14, 2015, Judge Thomas O. Rice of the Eastern District of Washington ruled that...more

Wisconsin Supreme Court Holds Pollution Exclusion Applicable to Cow Manure Claims

In its recent decision in Wilson Mut. Ins. Co. v. Falk, 2014 WI 136, the Wisconsin Supreme Court had occasion had occasion to consider whether cow manure generated at a dairy farm, and which migrates from the insured’s...more

Growing Michigan - Fourth Quarter 2014

In This Issue: - GAPPs Improve Michigan Food Processing - 30 Projects Announced to Support Michigan Specialty Crop Growers - Proposed Privacy Fences Around Michigan Apiaries - Great Lakes Ag-Tech...more

Conservation Easements Are Not Required As Mitigation For Permanent Loss Of Farmland

In Friends of the Kings River v. County of Fresno, the California Fifth District Court of Appeal upheld the County of Fresno’s adoption of an Environmental Impact Report for a mining operation that will result in a permanent...more

Fresno County Aggregate Mine Fends Off Court Challenge

In Friends of the Kings River v. County of Fresno, No. F068818 (Cal. Ct. App. 5th Dist., Dec. 8, 2014), the Fifth Appellate District upheld Fresno County’s (County) approval of the Carmelita Mine and Reclamation Project...more

Brownstein’s Annual Water Rights Compliance Checklist for 2015

This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface or groundwater in California. If you have questions about the information contained in this...more

Proposed Privacy Fences Around Michigan Apiaries

The Michigan Department of Agriculture is considering a change to Michigan's Generally Accepted Agricultural Practices ("GAAMPs") that would compel beehive owners to "block" their apiaries from neighboring properties....more

Fifth District Rejects CEQA Challenge to Fresno County Aggregate Mine Project EIR In Partially Published Decision, Clarifies State...

In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use...more

The Great East/West Divide

I was honored to address the recent annual meeting of the American Exploration and Mining Association (AEMA) in Reno, Nevada. Coming out west serves as a reminder of the chasm that exists between those Americans who earn...more

Federal District Court Doubles Down, Vacates Hawaii County GMO Ban

On November 26, Magistrate Judge Barry Kurren struck down Hawaii County’s Ordinance 13-121, which restricts the open-air growth and cultivation of genetically engineered crops or plants (GMOs). See Slip Op. at 28. In this...more

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

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