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Environmental Agriculture Administrative Agency

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Air Enforcement: Arkansas Department of Environmental Quality and Mississippi County, Arkansas Terminal Grain Elevator Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Poinsett Rice & Grain, Inc. (“PRGI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS...more

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

Cause for Concern Over Organic Fertilizer Made from Food Waste?

by Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - Office Of Inspector General Considers Pesticide Imports: In a memorandum dated April 22, 2016, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) informed EPA that...more

Biofuel, Corn, And Sorghum Farmers Challenge Lowered RFS Volumes

by Bergeson & Campbell, P.C. on

On January 8, 2016, seven biofuel and agriculture groups requested the U.S. Court of Appeals for the D.C. Circuit to review the Renewable Fuel Standards (RFS) for 2014, 2015, and 2016. The Petition was filed by Biotechnology...more

North Carolina General Assembly Week in Review: Spotlight on Government, Regulatory and Agriculture Reform

by McGuireWoods LLP on

This session the NCGA passed four major bills dealing with Government, Regulatory and Agriculture Reform. State attractions were transferred from the Department of Environment and Natural Resources tthe Department of Cultural...more

EPA Publishes Worker Protection Standard Final Rule

by Bergeson & Campbell, P.C. on

In a November 2, 2015, Federal Register notice, the U.S. Environmental Protection Agency (EPA) issued the final rule revising the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Worker Protection Standard (WPS). ...more

Modernizing and Coordinating the Regulatory System of Biotechnology Products

by Wilson Elser on

On July 2, 2015, the U.S. Office of Science and Technology Policy (OSTP) of the Office of the President issued a memorandum to initiate a process to coordinate, update and modernize the federal regulatory system governing...more

EPA Gets Closer To Issuing Final Rule On Revisions To Minimum Risk Exemption For Pesticides

by Bergeson & Campbell, P.C. on

On June 24, 2015, the U.S. Environmental Protection Agency (EPA) issued a notification that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) and the Secretary of the...more

Australia Publishes Final Report on Regulatory Considerations for Nanotechnologies for Pesticides and Veterinary Medicines

by Bergeson & Campbell, P.C. on

The Australian Pesticides and Veterinary Medicines Authority (APVMA) published on July 6, 2015, the final report entitled Nanotechnologies for pesticides and veterinary medicines: regulatory considerations. According to the...more

Biotechnology: White House Announces Effort to Modernize the Regulatory System for Biotechnology Products

In a bit of a surprise announcement, the White House Office of Science and Technology Policy (OSTP), the Office of Management and Budget (OMB), the U.S. Trade Representative, and the Council on Environmental Quality released...more

Biotechnology: White House Directs EPA, FDA, and USDA to Update the Coordinated Framework for the Regulation of Biotechnology

With little fanfare or advanced notice to the general public, on July 2, 2015, the White House Office of Science and Technology Policy (OSTP), the Office of Management and Budget (OMB), the U.S. Trade Representative, and the...more

California Governor Orders 25% Cut in Water Use—What It Means for Businesses

by Morrison & Foerster LLP on

California is experiencing a drought of epic proportions. To meet this challenge, on April 1, 2015, California Governor Jerry Brown issued Executive Order B-29-15 to usher in an aggressive statewide plan for reducing water...more

What the Drought Emergency Declaration Means for Your Business

by Buchalter on

By Executive Order B-29-15, signed on April 1, 2015, Governor Brown declared a state of drought emergency “to exist throughout the State of California ….” Among other things, the recitals state: WHEREAS a distinct...more

California Water Suppliers Facing Historic Mandatory Restrictions on Water Usage

by Best Best & Krieger LLP on

Governor’s Goal: 25 Percent Statewide Water Savings - For the first time in California’s history, urban water suppliers will soon be required to comply with new mandatory restrictions aimed at achieving a statewide 25...more

Governor Brown Orders California’s First Mandatory Water Restrictions

by Latham & Watkins LLP on

On Wednesday April 1, 2015, in the wake of the state’s four-year drought and a winter that brought record-low snowfalls, Governor Brown issued an executive order mandating statewide water use restrictions for the first time...more

EU Passes Controversial Directive Concerning GMOs

by Bergeson & Campbell, P.C. on

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

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

by Miller Starr Regalia on

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

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

by Best Best & Krieger LLP on

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

by Miller Starr Regalia on

In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more

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

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

by Reed Smith on

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

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