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The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

Bidding on State Land Trust Leases: Even the Top Revenue-Generating Bids Must be Balanced Against Qualitative “Best Use” Factors...

The Court of Appeals recently held that that the Commissioner of the State Land Trust Department properly balanced Wildearth Guardians, Inc.’s higher revenue-generating bid against “best use” qualitative factors set forth in...more

Growing Michigan - Fourth Quarter 2012

In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more

ARB Initiates Potentially Controversial Agricultural Equipment Regulation

I. Background The California Air Resources Board (“ARB”) recently commenced development of a new regulation targeting emissions from “off-road” agricultural equipment, such as tractors and combines. The “In-Use...more

State Water Resources Control Board Issues Draft Order Staying Provisions of Central Coast Agricultural Order

On September 10, 2012, the State Water Resources Control Board (“State Board”) issued a Draft Order which, if adopted, will stay certain provisions of the agricultural order and related monitoring and reporting program orders...more

State Water Resources Control Board Decides To Stay Provisions Of Central Coast Agricultural Order

Following its August 30, 2012 hearing, the State Water Resources Control Board (“State Board”) decided to stay or extend the compliance deadline for some provisions of the agricultural order and related monitoring and...more

SB 618 Provides Limited Williamson Act Relief for Solar Developers

Just signed by Governor Brown, SB 618 (Wolk) creates, for the first time, an explicit mechanism for landowners and solar developers to remove non-prime agricultural land from existing Williamson Act contracts in order to use...more

Florida’s 2011 Legislative Session: Tracking Fertilizer and Agriculture

Florida’s 2011 Legislative Session is shaping up to provide agricultural interests with sweeping regulatory relief. Akerman is currently tracking legislation that includes the centralized agency review of fertilizer...more

Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"

Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, E049651 (4th Dist. Div. 2, November 22, 2010) In Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, the Court of Appeal considered...more

The Struggle Between Man & Nature - Agriculture, Nonpoint Source Pollution & Clean Water

This article provides an overview of the Clean Water Act and specifically section 303(d),examines case law interpreting the respective roles of the EPA and states in performing and implementing TMDLs for impaired waters,...more

Trouble on the Range or a Green Opportunity? How the State's Budget Woes are Creating Both Challenges and Opportunities For...

While there are signs that the greater economy may be turning a corner, the State of California continues to struggle with its finances in the wake of the economic downturn. Indeed, despite all the political wrangling and...more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Answering Brief for the Appellee Kauai Springs, Inc.

Issues: automatic approval of zoning permits; public trust....more

The New York Agriculture Producer's Guide to FOIA and FOIL: How to Get the Information You Need From Government Agencies

New York agriculture producer's guide to the Freedom of Information Act ("FOIA"), the Privacy Act ("PA"), and New York Freedom of Information Law ("FOIL"). The article gives a general overview of the statutes and provides a...more

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