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EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on...more

Demand Heats Up for Biochar Carbon Projects

A recent report indicates that the global biochar market is expected to nearly triple from its current value of $160 million to over $450 million by 2030. Biochar is a soil amendment used to increase crop yield and health for...more

FDA Passes New Cannabis Guidance for Clinical Research

Key Takeaways - • What Happened: The Food and Drug Administration (FDA) finalized a 2020 draft guidance detailing the agency’s recommendations for clinical research for developing cannabis and cannabis-derived human drugs....more

New York Proposes to Require Sustainability Reporting for the Fashion Industry

New York is poised to be the first state in the country to implement a fashion sustainability law. On January 7, 2022, Senator Alessandra Biaggi and Assembly Member Anna Kelles announced the Fashion Sustainability and Social...more

Key Trends Impacting Fisheries and Aquaculture in the United States

Key Takeaways What Is Happening? An increased focus on climate change and environmental stewardship is rapidly changing the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and...more

Bipartisan Legislation Proposed to Authorize CBD Dietary Supplements and Food Additives

On May 19, 2021, Senators Rand Paul (R-KY), Ron Wyden (D-OR), and Jeff Merkley (D-OR) introduced the Hemp Access and Consumer Safety Act of 2021 (SB 1698), which would address long-standing regulatory uncertainty facing...more

USDA Publishes Final Hemp Regulations

The United States Department of Agriculture’s Agricultural Marketing Service (USDA-AMS) published its final rule establishing the Domestic Hemp Production Program on January 19, 2021, effective March 22, 2021. The final rule...more

EPA Proposes New, More Flexible Clean Water Act Affordability Guidance for Public Utilities

Public water, wastewater, and stormwater utilities face an array of compliance obligations under the federal Clean Water Act (CWA) that require investment in upgrades and maintenance of critical wastewater infrastructure....more

USDA Reopens Comment Period on Interim Regulations for U.S. Hemp Production; Interested in 12 Topics

On September 8, 2020, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) reopened the public comment period on its final interim regulations establishing the U.S. Domestic Hemp Production Program....more

Massachusetts Approves $550K in Combined Settlements Against Cannabis Companies for Improper Use of Pesticides

On July 9, 2020, the Massachusetts Cannabis Control Commission unanimously approved $550,000 in combined settlements against two cannabis companies, 4Front Ventures and Garden Remedies, for the companies’ improper use of...more

EPA Highlights Enforcement Against Disinfectant Products Making Fraudulent Coronavirus Claims

Key Takeaways: What Happened: On an April 3, 2020 call with retailers and marketplace platforms, EPA identified enforcement against sales of unregistered or fraudulent disinfectant products as a high priority during the...more

FDA Reopens Public Docket Seeking Data on the Safety and Potential Benefits of CBD

On March 5, 2020, the U.S. Food and Drug Administration (FDA) announced an expansion of its effort to comprehensively evaluate cannabidiol (CBD) products, including an opportunity for stakeholders and other members of the...more

EPA Approves Hemp Pesticide Applications In Advance of 2020 Growing Season

On December 19, 2019, EPA announced that it has approved ten applications seeking to add new hemp uses to pesticide products registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in time for the 2020...more

USDA Extends Deadline to Comment on Interim Regulations for U.S. Hemp Production

The United States Department of Agriculture (USDA) has announced that it will extend the period for comment on its final interim regulations establishing the U.S. Domestic Hemp Production Program by thirty days, until January...more

USDA Interim Hemp Regulations Provide Welcome Guidance But Need Refinement

The United States Department of Agriculture (USDA) published its interim regulations establishing the U.S. Domestic Hemp Production Program on Thursday, October 31. The interim regulations became effective upon publication...more

USDA Issues Much-Needed Guidance to U.S. Hemp Industry via Interim Rule

The United States Department of Agriculture (USDA) has released a draft of its interim final rule establishing the U.S. Domestic Hemp Production Program, in advance of the rule’s Federal Register publication, which is...more

Following Hearing, FDA Will Accept Comments on Cannabis Until July 2

On May 31, 2019, the U.S. Food and Drug Administration (FDA) held a full-day public hearing to obtain scientific information about issues associated with food and other products that contain cannabis and cannabis-derived...more

USDA Issues Legal Opinion on Hemp

On May 28, 2019, the U.S. Department of Agriculture (USDA) released a legal opinion resolving significant ambiguities about the legality of hemp following the passage of the Agricultural Improvement Act of 2018 (more commonly...more

FDA to Hold Public Hearing May 31 Regarding Cannabis

On May 31, 2019, the Food and Drug Administration (FDA) will hold a public hearing to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products...more

New York Makes It Easier to Identify Potential Environmental Justice Communities

The New York State Legislature passed legislation on Tuesday, April 30, that requires the state’s Department of Environmental Conservation (DEC) to publish a biennial list of “high local environmental impact zones” – areas...more

Nipped in the Bud: Massachusetts Regulators Send Strong Message to Cannabis Industry About Using Unapproved Pesticides On Cannabis...

Following a larger national trend in enforcing pesticide regulations on the nascent cannabis industry, Massachusetts regulators shut down two Massachusetts dispensaries for selling cannabis grown at a facility that used...more

2018 Farm Bill Legalizes Industrial Hemp

Passage of the Agricultural Improvement Act of 2018 (commonly known as the “Farm Bill") into law on Thursday, December 20, 2018 is anticipated to encourage rapid growth in the burgeoning U.S. hemp industry. The $867 billion...more

New York State Attorney General Orders Companies to Stop Making Anti-Zika Claims In Connection with Minimum Risk Pesticides and...

On August 3, 2016, the New York State Attorney General issued cease-and-desist letters to seven companies making pesticidal claims to prevent or protect consumers against the Zika virus. The claims at issue were made in...more

Missouri Federal Court Cuts Claims in Pipeline Property Damage Action

Underscoring the need for plaintiffs to show concrete proof of harm in suits alleging property damage, a federal district court dismissed a suit alleging that an oil pipeline contaminated farmland in Missouri. See Henke v....more

High Court Finds Plausible Showing of Amount in Controversy Sufficient to Remove Action

In a decision that may make it somewhat easier for defendants to remove putative class actions from state to federal court, the U.S. Supreme Court ruled that defendants in such cases do not need to offer evidence in their...more

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