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Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the CleanAirAct, the CleanWaterAct, and more? The first post is here. What does NEPA do that these other statutes are not already doing?
But the problem with this pronouncement is that the 100 accomplishments were achieved by an EPA operating with full funding, full staffing and a full complement of regulations over the past several years. In addition to all of this, he intends to revoke many of EPAs regulations. Zeldins leadership. Click Here for a copy of the letter.
Until recently, the contents of an EIS report were outlined in regulations issued by the Council on Environmental Quality (“CEQ”), the agency tasked with administering NEPA. However, following a series of court rulings from late 2024 and early 2025, CEQ has rescinded all of its NEPA-implementing regulations. Infrastructure Coal.
This framework allows state environmental laws passed pursuant to a federal environmental law, like the CleanWaterAct (“CWA”) or CleanAirAct (“CAA”), to have the force and effect of federal law if the Environmental Protection Agency (“EPA”) approves the state implementation plans.
FIFRA is the primary federal law regulating pesticide use in the United States. Additionally, EPA is proposing new mitigation measures to include on the labels for the three dicamba pesticides intended to both limit volatilization and reduce exposure to endangered species. 136a(c)(5)(C).
Under that process, NRCS will classify an area as being either a type of wetland, a converted wetland, or an area not subject to Swampbuster regulation. The Commerce Clause of the United States Constitution grants Congress the power “to regulate Commerce with foreign Nations, and among the several States.[]” U.S. 3822 (a)(5).
We share the concerns expressed by former EPA administrators who recently wrote that such cuts would render the agency incapable of protecting Americans from grave threats in our air, water and land. Another credible analysis found the benefits of the CleanAirAct exceeded its costs by more than 30 to one.
Led by new public concern about the consequences of industrialization, landmark environmental legislation in the 1970s steadily assured protections for air, water, and wildlands. Had such a definition been in place a decade ago, it would have jeopardized the justification for removing the four dams on the Klamath.
This month, in a series of despicable announcements, the EPAs newest senior leader set out to end the federal governments essential role in conserving natural resources and scrubbing poisons from air and water. The statutes that form the foundation of the program, like the 1972 CleanWaterAct, dont seek to close polluting plants.
The so-called No IRIS Act (H.R. Silencing this office would stifle the lifesaving health research that underlies our nations environmental protections, and would result in weaker regulations and higher rates of cancer, birth defects, learning disabilities, and other devastating health consequences, especially for children. 1415 and S.
Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the CleanWaterAct, I have been and remain deeply skeptical of the Trump administration’s decision to make Superfund EPA’s core mission.
Under section 172 of the CleanAirAct, relaxing a national air quality standard provides limited benefits for industry. The CleanWaterAct contains two anti-backsliding provisions. That means that weakening existing regulations loses a lot of its value to industry. Sorry, Mr. President.
The Ag & Food Law Update > Search Site Navigation About the Center Professional Staff Partners Research by Topic Center Publications Webinar Series State Compilations Farm Bill Resources Ag Law Bibliography Ag Law Glossary Ag Law Reporter General Resources 10 Jul The Feed: Vol.
In 1971 the CleanAirAct was passed and Nixon signed it. In 1972 the CleanWaterAct was passed and Nixon signed it. In 1973 the Endangered Species Act was passed and Nixon signed it. But now, with the benefit of hindsight, I recall that in1969 NEPA was passed and Nixon signed it.
3, Issue 15 Categorized Ag & Food Law Update , Agricultural Marketing Service , CleanAirAct , Climate Change , Committee on Foreign Investment in the U.S.
Bartolotta 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 agencys action in either approving or denying a permit when the state agency acts on the basis of federal law. It was passed by the Senate, died in House.
On March 12, the US Environmental Protection Agency announced sweeping plans to reconsider more than 31 major environmental regulations and programs, including pulling back regulations reducing methane emissions and regulating production wastewater from oil and gas operations. Click Here for the announcement.
The Ag & Food Law Update > Search Site Navigation About the Center Professional Staff Partners Research by Topic Center Publications Webinar Series State Compilations Farm Bill Resources Ag Law Bibliography Ag Law Glossary Ag Law Reporter General Resources 11 Jul NALC news release: NALC’s Pittman discusses foreign investments in U.S.
Almost every one of the country’s foundational environmental laws, enacted since 1970, is under attack: Coal-fired power plants are being allowed to increase emissions of mercury and other toxic pollutants, a rewrite of a CleanAirAct provision in place since 1990. Similarly, auto tailpipe emissions limits are being relaxed.
Mencer has extensive experience advising producers and agribusinesses on compliance with the H-2A program and other labor regulations. The webinar will feature a Q&A-style conversation between Pittman and William Mencer, an Arkansas-based agricultural attorney. He founded The Law Office of William L.
Jurisdiction of food supply In the United States, the food supply is primarily regulated on the federal level by two agencies – the FDA and the United States Department of Agriculture (USDA). Specifically, the USDA regulates meat, poultry, catfish, and unshelled egg products, and the FDA regulates the other 80% of food.
This second article explores Auer deference, used by courts to review agency decisions that interpret the agency’s own regulations. Robbins , the Supreme Court was asked to identify a “salary-based” employee for purposes of the Fair Labor Standards Act (FLSA). Background In Auer v.
Later, in 2018, California voters approved Proposition 12 , a ballot initiative regulating the production and sale of many veal, egg, and pork products. and the Fair Packaging and Labeling Act [15 U.S.C. Compliance with these regulations is verified by either USDA or a third party certifier. NALC Explainer here ). 301 et seq.]
There is good news though for small business owners – almost every state in the country has passed laws or regulations allowing entrepreneurs in similar situations to produce and sell certain food products made in private homes with very little or no regulation or oversight. What Are Cottage Foods? Particularly, the U.S.
Grain dealer statutes exist at the state level to regulate businesses that purchase grain from producers. Grain dealer statutes are an essential yet often overlooked part of state-level ag regulation,” Pifer said. The series provides in-depth information on current legal and policy issues affecting agriculture.
Specifically, USDA has authority to regulate meat, poultry, catfish, and unshelled egg products, and FDA regulates the other 80% of the food supply. Along with regulating a portion of our food supply, the FDA has the authority to regulate drugs, medical devices, cosmetics, dietary supplements, animal feed, and more.
The CleanWaterAct (CWA), one of the nation’s most important environmental laws, is 50 years old today. The nation’s rivers, streams, lakes and ocean waters are dramatically cleaner and healthier than they were a half-century ago. (credit: Amazon). ” That obviously did not, and will not, happen.
CleanAirAct. It is significant because if its huge public health benefits and because it has provided the basis for EPA regulation of greenhouse gases. In public health terms, what makes air pollution distinctive is the millions of people exposes to common pollutants such as particulates and smog.
This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. Successful court cases could limit the scope of future regulations. Worse, agencies may decide not to even try.
If a regulation was upheld in the Chevron era, that decision remains valid statutory precedent. As an example of a statutory delegation of authority, the Court cites a provision in the CleanWaterAct, 33 U. would interfere with the attainment or maintenance of that water quality. ” Step 1.
When facilities emit less pollution, their regulations require less specific record-keeping and monitoring. How stringently facilities are monitored should be based on science and on the impacts on the people who live nearby—not by a judge’s ideological viewpoint on regulation.
Legal Planet's Richard Frank posted today on the US CleanWaterAct's 50th birthday. Nevertheless, and with the possible exception of the CleanAirAct, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA.
It was a big step towards providing adequate health protections, but Environmental regulations need to look at people, not just pollutants—and the way to get there is by assessing cumulative impacts. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e.
The CleanWaterAct – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The CleanAirAct – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time. They created a pathway towards cleaning our air, water, and land.
A new NRDC report describes these risks and how weak regulations fail to appropriately protect workers and communities. Despite the clear health risks, there are no dedicated federal regulations to ensure comprehensive and safer management of radioactive oil and gas materials. What does this mean for workers and communities?
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