Agricultural Data: USDA Announces 2022 Census of Agriculture Details
On August 29, 2022, the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS) announced that the agency will soon be mailing and accepting questionnaires for the 2022 Census of Agriculture. The Census of Agriculture includes all sizes of urban and rural farm operations
Shale Law Weekly Review—Week of September 5, 2022
Oil and Gas Regulations: Interior Department Grants $560 Million for Well Plugging
On August 25, 2022, the U.S. Department of the Interior announced it had issued an initial $560 million to 24 states to plug and remediate abandoned oil and gas wells. Funding will also allow for research, equipment, inspections, and data collection to…
EPA Proposes Designating PFAS as Hazardous
State Enforcement Against the Federal Government, Part 2
Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. NMED…
Louisiana 811: A Summary of Louisiana’s Dig Law
We’ve all seen the commercials: “Call before you dig.” But how does calling 811 before you dig help, and what’s required for underground facility owners and contractors performing excavation work? Continue reading for a brief summary of the Louisiana Underground Utilities and Facilities Damage Prevention Law (La. R.S. 40:1749.11, et seq.) (“Dig Law”).
The…
Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the evidence needed to support cleanup claims at any site where PFOS or PFOS contamination exists. …
Agricultural Law Weekly Review—Week Ending August 26, 2022
Organic Agriculture: USDA Announces $300 Million for New Organic Transition Initiative
On August 22, 2022, the U.S. Department of Agriculture (USDA) announced $300 million for a new Organic Transition Initiative to provide mentoring, direct assistance, and supply chain support for farmers transitioning to organic production. As a prerequisite to organic certification, lands generating organic-certified crops…
Trial Court Decision Indicates that Housing Must be Permitted at General Plan Density, Regardless of More Restrictive Zoning
In YIMBY v. City of Los Angeles (Super. Ct. L.A. County, 2022, No. 21STCP03883), a Los Angeles County trial court decided a number of issues under California housing laws. Though the trial court decision carries neither precedential nor persuasive value, it may portend the direction in which courts will interpret these relatively new laws. In…
OSHA Focusing on Trenching Hazards
By A. Scott Hecker, Adam R. Young, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA is highlighting trenching hazards, and their potentially-dire consequences, on its homepage.
OSHA had released CPL 02-00-161 on October 1, 2018, continuing its National Emphasis Program on Trenching and Excavation, (“NEP”), and requiring agency…
Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?
The Supreme Court can only decide so many cases. If we are to have a constitutional environmental provision with relevance to the interaction of private activities with the government, Pennsylvania business, organizations, and their lawyers need some guidance on both parts of the ERA.
Click here to read the column, published by The Legal Intelligencer…
