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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Court Rejects Novel Air Emissions Argument Against CFO

Court Rejects Novel Air Emissions Argument Against CFO

An Indiana court recently rejected a new argument advanced by opponents of a CFO. I was happy to work with the state’s attorney to defend the CFO permit.

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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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Comment

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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Comment

Appealing Wetland Determinations: The Hawkes Decision

Appealing Wetland Determinations: The Hawkes Decision

Many farmers have been there: a state or federal governmental body says that you have protected wetlands on your property. You can't farm that land. You can't take down the tree line dividing your field. Damage or fill in that wetland and you could be subject to criminal and civil penalties. So what is a farmer to do if he thinks the government is wrong, and his land is not a wetland? The Supreme Court's recent Hawkes decision provides guidance.

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