News & Analysis as of

Natural Resources Conservation Service (NRCS)

Mitchell, Williams, Selig, Gates & Woodyard,...

Agricultural Conservation Easements: USDA Natural Resources Conservation Service Announces Year 2025 Funding

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a September news release announcing funding for the Agricultural Conservation Easement Program (“ACEP”) for fiscal year 2025....more

Beveridge & Diamond PC

USDA Seeks Public Input on Implementing Public-Private Conservation Partnerships

Beveridge & Diamond PC on

On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

McAfee & Taft

Calling Bull: Challenging USDA agencies’ adverse decisions through the National Appeals Division

McAfee & Taft on

The United States Department of Agriculture (USDA), acting through its various agencies, including the Farm Service Agency (FSA) and the Natural Resources Conservation Service (NRCS), offers a variety of loan, risk...more

Husch Blackwell LLP

Murky Waters: Making Sense of the Food Security Act’s Swampbuster Program and the Clean Water Act’s Prior Converted Cropland...

Husch Blackwell LLP on

Although colder weather makes spring construction seem far away, farmers and landowners would be wise to assess permitting and in-field environmental studies ahead of spring planting needs....more

Bradley Arant Boult Cummings LLP

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a...

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to...more

Schwabe, Williamson & Wyatt PC

U.S. District Court Issues Order in Ultima v. U.S. Dept. of Agriculture

On September 1, 2023, the U.S. District Court for the Eastern District of ‎Tennessee issued an order in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, as a result of the status hearing...more

Dunlap Bennett & Ludwig PLLC

SBA 8(A) Business Program Pause: Minority-Owned Businesses Can’t Rely On SBA’s Rebuttable Presumption Of Social Disadvantage

The U.S. District Court for the Eastern District of Tennessee recently issued a decision holding that a rebuttable presumption of social disadvantage for certain minority groups to qualify for inclusion in the Small Business...more

PilieroMazza PLLC

Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

PilieroMazza PLLC on

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Reserve Enhancement Partnership/U.S. Department of Agriculture: Natural Resources Conservation Service Announces Funding...

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) announced on May 11th that it was investing $17 million in five Wetland Reserve Enhancement Partnership (“WREP”) projects....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mississippi River Basin Healthy Watersheds Initiative/Natural Resources Conservation Service Request of Information: Association...

The Association of State Drinking Water Administrators and Ground Water Protection Council submitted April 7th comments to the United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Swampbuster Act: Federal Court Addresses Constitutional/Certification Challenges

The United States District Court for the Southern District of South Dakota (“Court”) addressed in a July 2022 Opinion issues arising out of the application of the Swampbuster Act. See Foster v. USDA, No. 4:21-CV-0408-RAL...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alleged Impairment of Water Rights/Wetland Conservation Sites: Federal District Court Addresses Application of Sovereign Immunity...

A United States District Court (Eastern District, Washington) (“Court”) addressed in an October 11th Order in the context of a Motion to Dismiss whether the doctrine of sovereign immunity applied to an oversight activity...more

Mitchell, Williams, Selig, Gates & Woodyard,...

General Permit 30/Construction of Aquatic Habitat Rehabilitation Projects: U.S. Army Corps of Engineers (Vicksburg/Memphis...

The Memphis and Vicksburg Districts of the United States Army Corps of Engineers (“Corps”) issued a March 30th Public Notice announcing the issuance of General Permit 30. The Memphis and Vicksburg Corps Districts include...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Conservation Practices on Cultivated Cropland/A Comparison of CEAP 1 and CEAP II Survey Data/Modeling: USDA Natural Resources...

The United States Department of Agriculture (“USDA”) Natural Resources Conservation Service (“NRCS”) issued a March report titled: Conservation Practices on Cultivated Cropland - A Comparison of CEAP I and CEAP II Survey...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Reserve Enhancement Partnership: USDA Natural Resources Conservation Service Approves Funding for Historically Underserved...

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) announced in a November 3rd news release that it is investing 11 million dollars in partnerships to restore wetlands for projects...more

Fox Rothschild LLP

USDA Supported Feral Swine Eradication Efforts In The United States

Fox Rothschild LLP on

Feral swine, an invasive species, have been a problem for years if not decades, and populations have been reported in at least 35 states with a total population “estimated at over 6 million,” as noted by USDA. At least one...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Quality Incentives Program: USDA Natural Resources Conservation Service Issues Final Rule Updating Requirements

The United States Department of Agriculture (“USDA”) Natural Resources Conservation Service (“NCRS”) promulgated a final rule on October 26th in the Federal Register making revisions to the Environmental Quality Incentives...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Highly Erodible Land and Wetland Conservation Compliance Provision: U.S. Department of Agriculture Issues Final Rule

The United States Department of Agriculture (“USDA”) published an August 28th Federal Register Notice and issued a final rule addressing the highly Erodible Land and Wetland Conservation provisions of the Food Security Act of...more

Bergeson & Campbell, P.C.

USDA Hosts Stakeholder Forum for Discussion and Feedback on AIA

The U.S. Department of Agriculture (USDA) held a forum on its Agriculture Innovation Agenda (AIA) on August 16, 2020. The forum focused on science-informed policies and programs from government agencies with the shared aim of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refining Source Water Protection Local Priorities for Fiscal Year 2021: USDA Natural Resources Conservation Service Bulletin

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a National Bulletin (“Bulletin”) titled: Refining Source Water Protection Local Priorities for Fiscal Year 2021 - The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Conservation Collaboration: U.S. Department of Agriculture Announces $35 Million Available for Grants

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a December 13th news release announcing the availability of $35 million in conservation collaboration grants. Such grants...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Wetland Plant List: U.S. Army Corps of Engineers Public Notices 2019 Revisions

The United States Army Corps of Engineers (“Corps”) published a June 10th Notice to the Federal Register announcing the availability of the final 2019 National Wetland Plant List (“NWPL”). See 84 Fed. Reg. 26824. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Resource Conservation Service Wetland Conservation Compliance Interim Rule: February 5th Association of State Wetland...

he Association of State Wetland Managers (“ASWM”) submitted February 5th comments to the United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) addressing the Wetland Conservation Compliance...more

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