On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.
April 2025
Agricultural Law Weekly Review—April 29, 2025
Next Week: May 9, 2025, Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers (rescheduled)
Dairy Policy: USDA Issues Final Rule to Reauthorize Dairy Forward Pricing Program 
On April 23, 2025, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule…
Hot Topic: Nevada Joins Ranks of States Enforcing Onerous New Heat Illness Rules
Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada Occupational Safety and Health Administration (NV OSHA) begins enforcement of its newly adopted heat illness prevention regulation. The regulation, found in Section…
EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge
On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA recently extended the public comment period and is now accepting comments on the draft risk assessment until August 14, 2025. EPA said it…
Trump Administration Pursues Deregulation in a Trio of Orders
The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive.
By Nikki Buffa, Jennifer K. Roy, John Detrich, and Kayla Seltzer
On April 9, 2025, the Trump administration issued three new orders to reevaluate and roll back regulations across various sectors. These…
Department of the Interior to Adopt Expedited NEPA Permitting Procedures for Energy and Minerals Projects on Federal Lands
Executive Order Targeting State Energy Regulations: Impacts and Responses From States
The order instructs the Attorney General to curb state and local climate initiatives and prepare a report within 60 days detailing those efforts.
By Jean-Philippe Brisson, Michael G. Romey, and Matthew Green
On April 8, 2025, President Trump issued an executive order titled “Protecting American Energy From State Overreach” (the Order). The Order…
When Is a Final Approval Not the Final Word? Empire Wind Halt Raises Questions About Managing Risk for Previously Approved Infrastructure Projects
BOEM Halts Construction of Empire Wind 1
On April 16, 2025, the Bureau of Ocean Energy Management (BOEM) issued a formal director’s order instructing Empire Offshore Wind LLC to cease all construction activities related to the Empire Wind 1 offshore wind project. The directive, citing concerns the National Oceanic and Atmospheric Administration (NOAA) raised about…
Mexico Simplifies Procedures Before Its Federal Commission for Protection Against Sanitary Risks
Agricultural Law Weekly Review—April 22, 2025
This week—Fri. Apr. 25: Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers
National Agricultural Policy: USDA Cancels ‘Partnerships for Climate-Smart Commodities,’ Announces ‘Advancing Markets for Producers’ 
On April 14, 2025, the U.S. Department of Agriculture announced that the agency is cancelling its Partnerships for Climate-Smart Commodities (PCSC) program,…

