National Agricultural Policy: GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful
On September 20, 2023, the U.S. Government Accountability Office (GAO) published a decision concluding that the U.S. Department of Agriculture (USDA) “did not violate the [Commodity Credit Corporation (CCC)] Charter Act or the Antideficiency Act when it used CCC funds for
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Shale Law Weekly Review—Week of September 25, 2023
GHG Emissions: California Senate Passes New Emissions Disclosure Requirements for Billion-Dollar Businesses
On September 11, 2023, the California Senate approved Senate Bill 253, which will require all private and public companies operating in California with a total revenue of $1 billion or more to comply with new disclosure requirements that reflect the emissions disclosure…
Agricultural Law Weekly Review—September 25, 2023
Pesticides: Federal Court Approves Settlement in 2011 EPA Pesticide Registration Dispute
On September 12, 2023, the U.S. District Court for the Northern District of California issued an order approving a stipulated settlement agreement between the U.S. Environmental Protection Agency (EPA) and plaintiff environmental groups, resolving a longstanding dispute over EPA’s registration of 382 pesticide active…
Shale Law Weekly Review—Week of September 18, 2023
Oil and Gas Leasing: DOI Cancels Oil and Gas Leases in the Arctic National Wildlife Refuge
On September 6, 2023, the U.S. Department of the Interior announced it is cancelling oil and gas leases in the Arctic National Wildlife Refuge (ANWR) that were originally issued in a 2021 lease sale. See “Notice of 2021 Coastal…
Agricultural Law Weekly Review—September 18, 2023
Conservation Programs: Federal Court Vacates USDA Decision Not Listing Eastern Hellbender Under Endangered Species Act
On September 5, 2023, the U.S. District Court for the Southern District of New York issued an opinion vacating and remanding the U.S. Department of Agriculture (USDA) Fish and Wildlife Service’s (FWS) April 2019 proposed rule, which declared unnecessary…
Shale Law Weekly Review—Week of September 11, 2023
LNG Infrastructure: The Department of Transportation Suspends LNG Rail Transportation
On September 1, 2023, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a rule in the Federal Register suspending a previously published final rule that allowed for the transportation of liquified natural gas (LNG) by rail cars. The PHSMA’s…
Agricultural Law Weekly Review—September 11, 2023
Antitrust: Federal Court Dismisses Monopsony Claims Against Tyson Fresh Meats
On August 28, 2023, the U.S. District Court for the Eastern District of Washington issued an order granting Tyson Fresh Meats Inc.’s motion to dismiss a lawsuit filed by a former cattle feeder, Cody Allen Easterday. Easterday v. Tyson Fresh Meats Inc., No. 4:23-cv-05019.…
Shale Law Weekly Review—Week of September 04, 2023
Landowner Royalties: Appeals Court Upholds 2016 Regulations on Oil and Gas Royalty Calculations for Federal and Tribal Lands
On August 25, 2023, the U.S. Tenth Circuit Court of Appeals filed its decision in a case brought by the American Petroleum Institute (API) against the Federal Government with respect to a set of 2016 amendments affecting…
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of “Waters of the United States…
Shale Law Weekly Review—Week of August 28, 2023
Crude Oil by Rail: The D.C. Appeals Court Halts Uinta Basin Railway Project Citing Defects in the Environmental Impact Statement Prepared by the Surface Transportation Board
On August 18, 2023, the U.S. Court of Appeals for the District of Columbia (the “Court”) issued an order vacating a final exemption order granted by the Surface Transportation…