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Understanding the Farm Bill's Conservation Program Contracts and Regulations

For most, the Farm Bill is understood to provide a safety net for the nation’s agricultural producers and a nutrition-assistance program for the nation’s most vulnerable. This understanding is generally correct; the Farm...more

Interstate Transport/Ozone: United State Supreme Court Issues Stay for D.C. Circuit Court of Appeals

Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more

Water Quality Standards/Clean Water Act: U.S. Environmental Protection Agency Proposes Nutrient Impairment Classification for 7...

Co-Author Jordan Wimpy The United States Environmental Protection Agency (“EPA”) transmitted a letter to the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) addressing the State’s...more

Endangered Species Act/Tricolored Bat: U.S. Fish & Wildlife Services Proposes Endangered Listing

On Wednesday, September 14, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to list the tricolored bat (Perimyotis subflavus) as an endangered species under the Endangered Species Act (ESA, or...more

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Revisions for Designating and Excluding Critical...

On Thursday July 21, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding revisions to the Service’s regulations for excluding areas of critical habitat under section 4(b)(2) of the Endangered...more

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Definition for the Term "Habitat"

On Friday, June 24, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding the regulatory definition of “habitat,” as the term was used in the Endangered Species Act (the Act) and the various...more

Endangered Species Act/Northern Long-Eared Bat: U.S. Fish & Wildlife Service Proposes to Reclassify Listing to Endangered Status

On Wednesday, March 23, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S....more

Endangered Species Act/Western Fanshell and Ouachita Fanshell: U.S. Fish & Wildlife Services Proposes Threatened Listing/Arkansas...

On Thursday, March 3, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to list the western fanshell (Cyprogenia aberti) and Ouachita fanshell (Cyprogenia cf. aberti), both freshwater mussels, as...more

Five Financial Incentives for Conservation-Minded Agriculture Operators

With every change in the federal executive administration, speculation rages over what changes to expect in regulation, policy, and guidance. The current transition is no different. And agricultural policy and conservation...more

Migratory Bird Treaty Act: U.S. Fish and Wildlife Service Finalizes Rule Defining the Scope of the Act

The United States Fish and Wildlife Service (“USFWS” or “the Service”) recently announced the final rule defining “the scope of the Migratory Bird Treaty Act (“MBTA” or “Act”) as it applies to conduct resulting in the injury...more

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Regulations for Designating Critical Habitat

On Friday, December 18, 2020, the U.S. Fish & Wildlife Service (the “Service”) published a final rule amending the Service’s regulations for excluding areas of critical habitat under section 4(b)(2) of the Endangered Species...more

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Regulatory Definition for the Term "Habitat"

On Wednesday, December 16, 2020, the U.S. Fish & Wildlife Service (the Service) finalized for the first time a regulatory definition for the term “habitat,” as the term is used in the Endangered Species Act (ESA) and the...more

Endangered Species Act: U.S. Fish & Wildlife Service Proposes Regulatory Definition for "Habitat"

The U.S. Fish & Wildlife Service (“Service”) proposed on August 5th for the first time a regulatory definition for the term “habitat” as it is used in the Endangered Species Act (ESA) and the various implementing regulations....more

5-Year Status Reviews/Endangered Species Act: U.S. Fish and Wildlife Service Notice of Initiation for 10 Animal and Plant Species

The United States Fish and Wildlife Service (“USFWS” or “the Service”) announced yesterday in the Federal Register that it has initiated status reviews for 10 animal and plant species under the Endangered Species Act (“ESA”)....more

Endangered Species Act Consultation: EPA Releases the Revised Method for Biological Evaluations of Conventional Pesticides

On March 12, 2020, the U.S. Environmental Protection Agency (EPA) published the Revised Method for National Level Species Biological Evaluations of Conventional Pesticides (the “Revised Method”). The Revised Method guides...more

Agricultural Conservation Easement Program: U.S. Department of Agriculture Publishes Interim Rule

The U.S. Department of Agriculture’s (“USDA”) recent efforts to update the Farm Bill’s Title II conservation programs continued into the 2020 year. USDA has issued since early December a number of interim final rules to...more

Environmental Quality Incentives Program: U.S. Department of Agriculture Interim Rule Amendments

We wrote in early December that the U.S. Department of Agriculture (“USDA”) issued an “interim rule” to revise the terms and conditions of the Conservation Reserve Program and implement certain program amendments required by...more

U.S. Department of Agriculture: Publication of Interim Rule Amending and Updating the Conservation Reserve Program

The U.S. Department of Agriculture’s Commodity Credit Corporation (“CCC”) recently published in the Federal Register an “interim rule” to revise the terms and conditions of the Conservation Reserve Program and implement...more

Dicamba Regulations: The Arkansas Framework for Dicamba Use and Restrictions Takes Shape

February and March were busy months for the Arkansas Agriculture Department’s Arkansas State Plant Board (“ASPB”). On February 20, 2019, the State Plant Board voted to approve regulatory changes for in-crop, over-the-top...more

Liquid Animal Waste Systems/92nd Arkansas General Assembly: Proposed Transfer of Permitting Authority from Arkansas Department of...

Senate Bill 550 was recently introduced which would address liquid animal waste systems and liquid livestock litter utilization. A key provision of the legislation would be the proposed transfer of liquid animal waste...more

Proposed Dicamba Regulations: Arkansas State Plant Board Announces Public Comment Period/Public Hearing

Yesterday the Arkansas Agriculture Department’s Arkansas State Plant Board gave public notice of a 30-day public comment period and a February 20, 2019, public hearing for proposed regulations authorizing the over-the-top use...more

Confined Animal Feeding Operations: Arkansas Environmental Organization Joins Challenge to USDA Rule Changes for Loans to...

The White River Waterkeeper, of Arkansas, recently joined other environmental and animal rights advocacy organizations to file a lawsuit challenging the U.S. Department of Agriculture (USDA) Farm Service Agency’s (FSA) 2016...more

Highly Erodible Land Conservation and Wetland Conservation Compliance Provisions: U.S. Department of Agriculture Interim...

On Friday December 7, 2018, the United States Department of Agriculture (USDA) published in the Federal Register an interim rule for the Highly Erodible Land Conservation and Wetland Conservation Compliance regulations of the...more

National Environmental Policy Act: Federal Transportation Agencies' Revised Review Processes are Effective Today

Effective today, the Federal Highway Administration (“FHWA”), Federal Transit Administration (“FTA”), and Federal Railroad Administration (“FRA”) begin operating with amended regulations to implement the purposes and...more

Dicamba: EPA Extends Registration of Controversial Product

The U.S. Environmental Protection Agency announced late yesterday evening that it extended the registration of the herbicide dicamba for “over-the-top” use for a period of two years – until December 20, 2020 – pursuant to the...more

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