Mounting Litigation Over PFAS in Biosolids

Mounting Litigation Over PFAS in Biosolids

A series of recent New York Times articles have sounded the alarm about PFAS chemicals in biosolids being land applied as fertilizer to agricultural ground. Is the concern legit?

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Should Rural Landowners be Worried about PFAS?

Should Rural Landowners be Worried about PFAS?

How worried should farmers and rural landowners be about PFAS liability?

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WOTUS, Yet Again.

WOTUS, Yet Again.

One area of law refuses to stay consistent from year to year—Waters of the United States (WOTUS). The EPA and Army Corps recently amended a rule (mostly) in alignment with the Supreme Court’s Sackett decision.

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SCOTUS Limits Federal Agency Power

SCOTUS Limits Federal Agency Power

In an environmental ruling that will also impact agricultural government agencies, the U.S. Supreme Court ruled the Clean Air Act did not give the EPA broad authority to regulate carbon dioxide emissions from power plants.

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Sackett Part 2: What is a Wetland, Anyway?

Sackett Part 2: What is a Wetland, Anyway?

Whether land is a “wetland” covered by the Clean Water Act is a perennial issue for farmers and developers. Now the Supreme Court is taking that question up—will we finally get a solid answer?

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New Roadmap to Address PFAS

New Roadmap to Address PFAS

This month, the Biden Administration announced a new plan to combat PFAS contamination. This federal roadmap will impact agricultural producers, especially dairy farms near military bases.

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Predictions for WOTUS under President Biden

Predictions for WOTUS under President Biden

We are about one month away from a change in presidential administrations. The Biden administration will likely bring many obvious changes to the federal government, but will it impact whether the government has jurisdiction over ground or waters on your property? In other words, will the Biden government seek to change the definition of WOTUS?

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Dicamba Confusion - Update!

Dicamba Confusion - Update!

The EPA is defending its decision to allow farmers and commercial applicators to use “existing stocks” of three Dicamba products (XtendiMax, Engenia, and FeXapan) even though it recently cancelled the registration of those herbicides.

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Dicamba Confusion

Dicamba Confusion

On June 3, 2020, the Ninth Circuit Court of Appeals vacated the EPA registration of three dicamba herbicides. After five days, the EPA issued a cancellation order for the chemicals. The agency will permit growers and commercial applicators to use existing stocks of the herbicides.

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WOTUS Changes....Again

WOTUS Changes....Again

The Trump administration released its new Navigable Waters Protection Rule (NWPR) on January 23, 2020. This blog explores how that change affects US agriculture.

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Groundwater as a Point Source?

Groundwater as a Point Source?

The United States Supreme Court has agreed to hear oral argument this fall regarding whether the discharge of pollutants through groundwater requires an NPDES permit.

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Dairy Farm PFAS Contamination

Dairy Farm PFAS Contamination

A New Mexico dairy farmer has been in the news lately, and it isn’t good news. He is dumping milk, letting employees go, and terminating cows because his dairy is contaminated with PFAS, a dangerous family of man-made chemicals that have seeped into the groundwater from a nearby Air Force base.

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WOTUS Rule Back On (For Now)

WOTUS Rule Back On (For Now)

In the constant back and forth of numerous court cases across the country, regulatory action, and congressional posturing, it can be hard to keep track of what waters the EPA has jurisdiction over any more. Most recently, a federal district court in South Carolina issued an order striking a rule that would delay implementation of the 2015 WOTUS definition.

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Omnibus Bill Removes Livestock Air Emissions Reporting Requirement

Omnibus Bill Removes Livestock Air Emissions Reporting Requirement

The 2018 federal omnibus spending bill fixed the problem caused by a federal court regarding air emissions reporting requirements for livestock operations. 

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What are Others Saying about Air Emissions Reporting?

What are Others Saying about Air Emissions Reporting?

A federal court stayed the mandate requiring many livestock producers to report air emissions from manure until January 22, 2018. We are awaiting further guidance from EPA. In the meantime, here is what others are saying.

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Livestock Air Emissions Reporting: What's Next?

Livestock Air Emissions Reporting: What's Next?

Livestock producers are not yet required to report air emissions under the Clean Air Act, but that will soon change. On January 22, 2018, this new obligation for farms is expected to take effect. 

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What does Trump mean for EPA's Waters of the US Rule?

What does Trump mean for EPA's Waters of the US Rule?

During the presidential campaign, Donald Trump indicated he would gut the EPA and vastly reduce the number and scope of federal regulations. Now that Trump has been elected, what can we expect from his administration on the Waters of the US (WOTUS) rule that is currently in legal limbo? 

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Pesticide Drift Liability

Pesticide Drift Liability

Pesticide drift is the unintentional application of pesticide or herbicide. Pesticide drift can become a problem if the pesticide contacts an area or crop susceptible to the particular substance being used. There are several steps a farmer can take to prevent pesticide drift, and steps to be taken after pesticide drift allegedly already has occurred. 

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