In an era when allegations of greenwashing are de rigueur properly vetted environmental marketing disclosures can withstand a challenge
H&M Wins Dismissal of Greenwashing Lawsuit
Jackie Schweichler Joins PSU Extension with Legal Consideration for Agritourism Webinar
On May 25, 2023, Staff Attorney Jackie Schweichler joined Penn State Extension for the webinar presentation, “Legal Considerations for Diversification Opportunities in Agritourism.”
See the event description below or view the recording here.
“Join us for an informative webinar on the legal issues that Pennsylvania agritourism operators must consider when diversifying their activities. During
Two Idaho Homeowners Finally Clarify Scope of Clean Water Act
Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their
Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record
By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen
Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana.
Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety
EPA powers curtailed – the Clean Water Act’s new limited scope
On May 25, 2023, the U.S. Supreme Court issued a 9-0 decision ending a nearly 16-year battle over the Clean Water Act’s (CWA) applicability to certain wetlands. In a five-justice majority opinion, the Court found that the CWA applies only to wetlands that are “as a practical matter indistinguishable” from “relatively permanent, standing or continuously
Fish and Wildlife Service Revises Its Mitigation Policies
Last week, the U.S. Fish and Wildlife Service (FWS) released two revised compensatory policies. The Mitigation Policy and the ESA Compensatory Mitigation Policy reject the stringent goal of net conservation gain used by the FWS during the Obama administration. Instead, both policies include the goal of no net loss, which means maintaining the current status
Sackett v. EPA: A United (but Divided) Court Narrows CWA Scope
The U.S. Supreme Court just issued its long-awaited Sackett decision in which it significantly narrowed the scope of federal jurisdiction over “waters of the U.S.” under the Clean Water Act. Written by Justice Alito (with four other justices joining him), the decision contained three separate concurring opinions, with its operative holding as follows:
Congress Holds Oversight Hearing Regarding the Antiquities Act and the Bureau of Land Managements Proposed Rule on Conservation and Landscape Health
On Wednesday, May 24, 2023, the Oversight & Investigations Subcommittee of the House Committee on Natural Resources held a hearing titled “Examining the Biden Administration’s Efforts to Limit Access to Public Lands.” In addition to discussing the Biden Administration’s actions and proposed actions in designating National Monuments via the Antiquities Act, testimony largely
Perchlorate…. It’s baaaack
While various States have enacted various regulations covering a wide variety of differing standards over the years, the EPA never created a national standard for remedial or drinking water levels. Finally, after decades of considering proposals and counter proposals, the EPA made a “final” determination in July 2020 during the Trump administration that perchlorate was