Ag and Food Law Daily Update: December 10, 2021
National Law Center
DECEMBER 10, 2021
The post Ag and Food Law Daily Update: December 10, 2021 appeared first on National Agricultural Law Center. Email important additions HERE. Judicial: Sovereign.
2021 Clean Water Act Law 
Wetland Protections Remain Bogged Down in Mystery
Union of Concerned Scientists
OCTOBER 17, 2024
It is mind- bog -gling, syllable pun intended, that scientists still do not know how many wetlands lost protection in last year’s crippling of the Clean Water Act by the Supreme Court. A 2019 study in the journal of Marine and Freshwater Research found that the world’s wetlands deliver $47 trillion a year in ecosystem services.
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Environmental Law Topics to Watch in 2022
National Law Center
JANUARY 6, 2022
Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits, The post Environmental Law Topics to Watch in 2022 appeared first on National Agricultural Law Center.
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Court Vacates CWA Section 401 Certification Rule
National Law Center
NOVEMBER 18, 2021
In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020. The post Court Vacates CWA Section 401 Certification Rule appeared first on National Agricultural Law Center.
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New Law Changes Wetland Regulation in the State of Indiana
National Law Center
JULY 15, 2021
In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. The post New Law Changes Wetland Regulation in the State of Indiana appeared first on National Agricultural Law Center. Senate Bill 389 (“SB.
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Powerful Industry’s Torrent of Manure Overwhelms State Regulators
Circle of Blue
SEPTEMBER 22, 2022
They are allowed by law and timid regulatory inertia to annually spread 400 millions of tons of solid manure, and 4 billion gallons of raw, untreated liquid animal feces and urine – 5,000 to 7,000 gallons per acre – on 600,000 acres across Michigan; . “If There’s no excuse for these blooms to be happening in Michigan.”.
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From Supreme Court to State Courts, Important Enviro Rulings from June 2021
National Law Center
JULY 8, 2021
The past few month has seen a series of important environmental law decisions from various courts across the United States. The post From Supreme Court to State Courts, Important Enviro Rulings from June 2021 appeared first on National Agricultural Law Center.
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Fresh, May 16, 2023: New Wisconsin Law Aims to Protect Watersheds From Farm Runoff
Circle of Blue
MAY 16, 2023
Christian Thorsberg, Interim Fresh Editor This Week’s Watersheds A new law in Wisconsin will fund more sustainable, watershed friendly farming methods. 2023 Wisconsin Act 5 Is Signed Into Law A new law which incentivizes sustainable farming practices was signed into law last week by Wisconsin Gov.
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Pennsylvania Court Holds that Clean Water Act and Clean Streams Law are not Comparable, Permitting Citizens Suit to Proceed
MGKF Law
FEBRUARY 22, 2021
On February 18, 2021, the Court in Lower Susquehanna Riverkeeper, et al., 1:19-CV-01307, 2021 WL 632734, at *1 (M.D. Read More » Tags: Citizen Suit , Clean Streams Law , Clean Water Act , Effluents , Enforcement Action , NPDES , Pennsylvania , Pennsylvania Department of Environmental Protection , Permits , Preemption , Water.
With Friends Like These. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands
Acoel
AUGUST 19, 2021
Posted on August 19, 2021 by Jeff Porter. The panel’s legal gymnastics to reach this conclusion could be the basis for an entire law school seminar. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands appeared first on ACOEL. One thing seems certain.
USEPA Releases Draft General Permit for Industrial Stormwater Discharges
Vorys Law
DECEMBER 23, 2024
Like the current 2021 MSGP, the 2026 MSGP would only apply in DC, MA, NH, NM, and certain other jurisdictions; however, states often look to the Federal MSGP when revising their own industrial stormwater permits. On Friday, Dec. The MSGP is a general permit that regulates stormwater discharges from various industrial facilities.
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Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under the Clean Water Act
MGKF Law
JULY 11, 2021
On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. 18-35867, 2021 WL 2559477 (9th Cir. June 23, 2021). 2021 WL 2559477 at *15-16.
UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits
Vorys Law
APRIL 25, 2021
Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021. On January 13, 2021 the U.S. NWP 44 – Mining Activities. •
The Stream, May 3, 2023: Native Hawai’i Farmers Advocate For Land Back While Restoring Historic Water Systems
Circle of Blue
MAY 3, 2023
Vending machine selling water on Maui, 2021. Photo: Christian Thorsberg YOUR GLOBAL RUNDOWN On Maui , where colonial and commercial parties stole land and water decades ago, Native Hawai’ian farmers are working to restore ancient water systems while litigating for reparations.
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WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS
National Law Center
DECEMBER 9, 2021
On December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the. The post WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS appeared first on National Agricultural Law Center.
When Democrats and Republicans united to repair the Earth
Environment, Law, and History
MAY 6, 2022
Press of Kansas, 2021). Melosi, Carolyn Merchant, Roderick Nash, Adam Rome, and Paul Sutter, among many others—Coodley and Sarasohn offer here an exhaustive play-by-play account of the legislative battles between 1964 and 1976 that led to the passage of some of the most important environmental laws in the United States.
Arizona Court Vacates WOTUS Rule
National Law Center
SEPTEMBER 2, 2021
On August 30, 2021, a federal judge in the district of Arizona issued an order vacating the Navigable Waters Protection Rule. The post Arizona Court Vacates WOTUS Rule appeared first on National Agricultural Law Center.
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Storm Sewers and Impervious Cover in Maryland: A Further Update
E2 Law Blog
JUNE 7, 2022
The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part by imposing obligations on municipal separate storm sewers (MS4s) beyond the statutory minimum imposition of control to the “maximum extent practicable” or “MEP.”
PA Senate Republicans To Reintroduce Bills Limiting Citizen Rights To Appeal DEP Permit Decisions, Punish Communities That Take Steps To Protect Themselves Against Shale Gas Development Impacts
PA Environment Daily
DECEMBER 5, 2024
The legislation would prohibit municipalities from receiving Act 13 drilling impact fees if they set protective standards on the development of natural gas that “imposes a standard or condition on well development that conflicts with or exceeds those contained” in state law. Read more here. Cecil Township is in Sen.
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Water, Water Everywhere Nowhere, And Not a Drop To Drink
Acoel
AUGUST 2, 2021
Posted on August 2, 2021 by Kevin R. Early in my career, I was involved in a natural resource damages case seeking to establish the monetary value of an impacted drinking water aquifer. Western water policy was formed out of the common law development of the “wild west.”
Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project
The Energy Law
MAY 24, 2023
BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.
Farms in Six Southeast Michigan Counties Are Major Sources of Lake Erie Toxic Blooms
Circle of Blue
SEPTEMBER 13, 2022
In 2021, USDA spending on conservation reached 29 of Lenawee County’s 1,300 farms. A study by the Environmental Law and Policy Center in Chicago and the Washington, D.C.-based The 1972 Clean Water Act immunizes crop farmers from government regulations to control agricultural runoff. billion budget in 2021.
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Gas Industry, Sen. Bartolotta Seek Legislation To Eliminate Environmental Hearing Board Appeals Of DEP Permits For Natural Gas Pipeline Facilities
PA Environment Daily
MAY 21, 2024
She contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.” of Bordentown v. F.E.R.C. , 2018)) Sen.
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Environmental Quality Board Meets July 11 To Consider Changes To Water Quality Standards; DEP Reports Law Limiting Its Authority To Change Conventional Oil & Gas Well Bonding May Be Unconstitutional
PA Environment Daily
JUNE 28, 2023
Conventional Well Bonding In response to a rulemaking petition submitted by the Sierra Club and other groups in September of 2021, DEP reported to the EQB it no longer has the authority to adjust well bonding amounts for 10 years under Act 96 passed and signed into law by Gov. Triennial Review Of Water Quality Standards.
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NRDC: Regulation Is Too Weak For Radioactive Oil And Gas Drilling Wastewater, Other Waste
PA Environment Daily
JULY 27, 2021
By Amy Mall, Natural Resources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. oil and gas industry produced an estimated one trillion gallons of produced water in 2017. Rules to protect workers, including truck drivers, also have significant gaps.
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Pipelines
Smith Enviorment
JUNE 4, 2021
June 4, 2021. It also isn’t clear how easy it would be under existing state and federal energy laws to get approval of a project based solely on creating redundancy in the system. Pipeline construction often requires a Clean Water Act Sec. 401 of the Clean Water Act, an applicant for a Sec.
Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US
E2 Law Blog
MAY 24, 2021
May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. On Monday, the Supreme Court decided Territory of Guam v. 20-382 (U.S.
CBF Blog: Franklin Kury: Two Jars Of Water, And A Lasting Environmental Legacy For Pennsylvania
PA Environment Daily
OCTOBER 14, 2022
Small, Chesapeake Bay Foundation-PA When the federal Clean Water Act was established 50 years ago to regulate pollution to the country's rivers and streams and set quality standards for surface waters, the Commonwealth of Pennsylvania already had a Clean Streams Law and an Environmental Rights Amendment (ERA) to its Constitution on the books.
Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As “Clear as Mud”
CEQA Developments
MARCH 4, 2021
In the area of State Water Resources Control Board (“SWRCB” or the “State Board”) water quality certifications (“WQCs”) under the Federal Clean Water Act (“CWA”; 33 U.S.C § 1251 et seq), this bedrock principle appears to have been watered down, and it may be significantly eroding under pressure from a preemptive federal law deadline.
Digging into the House Farm Bill: Part 1
National Sustainable Agriculture Coalition (NSAC)
JUNE 5, 2024
Healthy soil, Photo credit: USDA Editor’s Note: This is the first post in a multi-part blog series analyzing the Farm, Food, and National Security Act of 2024, which was reported out of the House Agriculture Committee on May 24. For context, the 2021 TFP update raised the average SNAP benefit from about $4.80 to about $6.20
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NRDA Settlement Reached for 2014 Galveston Bay Oil Spill
The Energy Law
DECEMBER 9, 2021
On December 3, 2021, the Department of Justice published a notice in the Federal Register of a settlement between Federal and State Trustees and Kirby Inland Marine, LP (“Kirby”) to resolve natural resource damages from a 2014 oil release. In November 2021, the U.S. Additionally, Kirby paid $4.9
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Removing Carbon Dioxide Through Ocean Alkalinity Enhancement: Legal Challenges and Opportunities
Law Columbia
AUGUST 30, 2021
laws specifically governing OAE, but a number of general environmental and other laws could apply. At the international level, potentially applicable instruments include the United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, and the London Convention and Protocol on Ocean Dumping.
DEP To Discuss Proposed Reg. On Reporting Spills, Releases; Draft 2024 Integrated Water Quality Report With Water Resources Advisory Committee Sept. 21
PA Environment Daily
SEPTEMBER 18, 2023
DEP said the proposed regulation ensures DEP receives the information it needs to meet its statutory obligation under state law and as a trustee under the Environmental Rights Amendment to the state constitution. The guidance was put out for two public comment periods in August of 2020 and October 2021. Document: 383-4200-003.]
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U.S EPA and Army Corps Revert Back to Pre-2015 Interpretation of “Waters of the United States”
Vorys Law
SEPTEMBER 13, 2021
On August 30, 2021, the U.S. District Court for the District of Arizona issued an Order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. Environmental Protection Agency. Following the Court’s Order, U.S. EPA and the Army Corps of Engineers issued a joint statement on U.S.
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Monday PA Environment & Energy NewsClips 4.4.22
PA Environment Daily
APRIL 4, 2022
2021] -- WESA: Wolf Calls On Schools, Communities To Prepare To Welcome Ukrainian Refugees Click Here for latest PA Environmental News Like PA Environment Digest on Facebook Follow PA Environment Digest on Twitter Read Weekly PA Environment Digest [Posted: April 4, 2022] PA Environment Digest
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Removing Carbon Dioxide Through Seaweed Cultivation: Legal Challenges and Opportunities
Law Columbia
SEPTEMBER 7, 2021
federal laws dealing specifically with seaweed cultivation, various general environmental and other laws could apply to projects. Projects may also be subject to state aquaculture permitting laws and state and federal requirements to consult with Native American tribes and other stakeholders. Potentially applicable U.S.
N.C. Water Quality Legislation (2023)
Smith Enviorment
DECEMBER 14, 2023
This post covers the most significant legislation affecting state water quality protections: AQUACULTURE PERMITTING Replace the existing NPDES General Permit for aquaculture operations. The Clean Water Act requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.
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Supreme Court Tries to Set a Bright Dividing Line on CERCLA Claims, but has it?
MGKF Law
MAY 24, 2021
20-382 (May 24, 2021), the eagerly anticipated opinion on whether consent decrees and administrative orders that do not expressly resolve liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) nevertheless give rise to a claim for contribution under Section 113(f)(3) of CERCLA.
EQB No Longer Has Statutory Authority To Change Conventional Oil & Gas Well Bonding Amounts To Help Prevent 400 to 600 New Well Abandonments A Year; Adopts Proposed Changes To Water Quality Standards For Comment
PA Environment Daily
JULY 11, 2023
On July 11, the Environmental Quality Board voted to accept the Department’s report on a rulemaking petition submitted by the Sierra Club and other groups in September of 2021 that the EQB no longer has the authority to adjust well bonding amounts for 10 years under Act 96 passed and signed into law by Gov.
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Storm Sewers and Impervious Cover in Maryland: An Update
E2 Law Blog
MAY 10, 2021
MDE has adopted this approach to satisfy, in part, the State’s obligations to comply with the Chesapeake Bay Total Maximum Daily Load for nutrients and solids under the federal Clean Water Act. MDE administers NPDES permitting in the State. In 2019, we noted on this blog the Maryland Court of Appeals’ decision in Md. 1865, Sept.
Chesapeake Bay Executive Council Elects EPA Administrator As Chair, Starts Discussion On Steps Needed For States To Get Closer To Meeting 2025 Pollution Reduction Milestones
PA Environment Daily
OCTOBER 11, 2022
Additionally, Dr. Boyd unveiled the 2021-2022 Bay Barometer: An Annual Report on the State of the Program and the Health of the Bay , offering a snapshot of the Chesapeake Bay Program’s activities and accomplishments over the past year. “EPA We cannot afford further delay.
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Taking a Five-Year-Old to Court: EPA’s First 10 Risk Evaluations Meet the Bench
Acoel
JULY 12, 2021
Posted on July 12, 2021 by Alexandra Dapolito Dunn. The 2016 Lautenberg Amendments turning five on June 22, 2021 provides a perfect opportunity to reflect on how this ambitious and bold statute is growing up – and faring in the courts. Tracking the body of law building up around the Amendments is, for now, a manageable exercise.
This Week’s Examples Of Going The WRONG WAY On Environmental, Energy Issues
PA Environment Daily
APRIL 17, 2022
.] -- Scranton Times Editorial: Polluters Can’t Regulate Themselves [That’s What House Republican Bills Would Do] -- PA Capital-Star Guest Essay: PA State Government’s Refusal To Pay Legal Stormwater Fees Unfairly Burdens Residential, Commercial Ratepayers - Capital Region Water -- PA Capital-Star: Report: Allegheny, Bucks, Montgomery, Philadelphia (..)
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Army Corps Reissues Nationwide Permits, Dividing NWP 12 Into Three
SPR Law
FEBRUARY 1, 2021
On January 13, 2021, the U.S. The rule goes into effect on March 15, 2021. Army Corps of Engineers (“Corps”) published a final rule reissuing and modifying twelve existing 2017 nationwide permits (“NWPs”) and creating four new NWPs.
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