With the rise in state legislative efforts to require labeling for foods produced using genetic engineering or “GMOs,” the Grocery Manufacturers Association (GMA) is poised to enter the labeling debate by working with federal...more
Despite losses in California and Washington, groups in favor of labeling food containing or consisting of genetically modified organisms (“GMO”) continue legislative efforts at the state and national level. Oregon and...more
Recently, two counties in the State of Hawai‘i passed laws that restrict the growth and cultivation of genetically modified crops (“GMO”). Kaua‘i County passed Bill 2491 after overriding a mayoral veto on November 16, 2013....more
Last week, the D.C. District Court issued a decision in Sierra Club v. U.S. Army Corps of Engineers, No. 13-cv-1239, denying the plaintiffs’ request to preliminarily enjoin Enbridge’s construction of the Flanagan South...more
11/22/2013
Washington voters rejected Initiative 522 at the polls by a considerable margin this past Tuesday. Initiative 522, a right-to-know law styled similarly to California’s Proposition 37 that was defeated last year, would have...more
The Michigan Department of Environmental Quality (DEQ) is developing new rules for hydraulic fracturing that would add protections for water resources and require additional chemical data submissions from drilling companies....more
A recent effort by two Los Angeles city councilmen to ban the sale and cultivation of genetically modified organisms (GMOs) signals an emerging trend in the attack against crop biotechnology. Municipalities in a number of...more
On October 17, 2013, the Ninth Circuit ruled that it lacked jurisdiction to consider a challenge to Washington’s failure to regulate greenhouse gas (GHG) emissions from the state’s five oil refineries under the Clean Air Act....more
In addition to reviewing the BLM’s oil and gas permitting workload, the GAO report analyzed actions BLM took to mitigate the environmental impacts of federal oil and gas development. Based on its review, the GAO recommends...more
The Government Accountability Office (“GAO”) conducted a review of certain aspects of the Bureau of Land Management’s (“BLM”) management of federal oil and gas resources. Following this review, the GAO produced a report of...more
Recently, a group of 73 organic and conventional farmers, seed businesses, and public advocacy groups petitioned the Supreme Court to review the Federal Circuit’s decision that the petitioners lack standing to pursue their...more
Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....more
Lawmakers are heavily divided when it comes to the regulation of hydraulic fracturing. Currently, there are twelve bills in Congress that address the regulation of oil and natural gas operations (four in the Senate and eight...more
On July 10, 2013, Rep. Tom Marino (R-PA) introduced a bill in the House that would amend the Administrative Procedure Act (APA) to streamline the environmental review process under the National Environmental Policy Act...more
In May 2013, the Ninth Circuit in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir. May 17, 2013), affirmed a district court’s ruling that upheld the U.S. Department of Agriculture’s Animal and Plant Health Inspection...more
On May 17, 2013, the Ninth Circuit Court of Appeals issued a game-changing decision regarding court challenges to APHIS deregulation determinations for genetically engineered (GE) plants and agricultural commodities -- in...more