Relying on a 2018 decision from the United States Court of Appeals for the Third Circuit, a Pennsylvania district court reaffirmed that Religious Freedom Restoration Act (RFRA) claims against a Federal Energy Regulatory Commission (FERC)-regulated pipeline must be made initially to FERC. Adorers of the Blood of Christ v. Transco. Gas Pipe Line Co.
Petitioners Strike Out—Court Finds Statutory Deadline Does Not Preclude Streamlining of Oakland A’s Stadium Project
In August 2021, the First District Court of Appeals issued an opinion in Pacific Merchant Shipping Association v. Newsom, where the court held that Public Resources Code section 21168.6.7 does not impose on the Governor a deadline by which to certify construction of a new baseball park and mixed-use development project at the Howard Terminal
FWS Revokes Trump Administration’s Migratory Bird Treaty Act Rule
On October 4, 2021, the US Fish and Wildlife Service (FWS or the Service) published a final rule revoking its January 7, 2021, Migratory Bird Treaty Act (MBTA or Act) rule. 86 Fed. Reg. 54,642 (Oct. 4, 2021) (Rule or Revocation Rule). The January 7 rule was issued at the end of the Trump administration
Biden Administration Announces Tribal Consultation Policy
The Biden administration has highlighted Tribal sovereignty and the federal trust responsibility to Tribal Nations as the cornerstones of its federal Indian policy. The involvement of Native American tribes is also a component of the Biden administration’s environmental justice initiatives. Accordingly, on January 26, the Biden administration issued a “Memorandum on Tribal Consultation and
Proposed Legislation to Impact Hydropower
On May 26, the Senate Finance Committee voted to advance legislation that would amend certain energy tax provisions in an effort to combat climate change, curtail greenhouse gas emissions, and create jobs. The bill, known as the Clean Energy for America Act, would provide an “emissions-based, technology-neutral tax credit” for facilities with zero or net
Deja Vue All Over Again- No Certainty on Federal Regulation of Waters of the United States
An Arizona federal court has vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR). In the case of Pasqua Yaqui Tribe v. EPA, No. CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of the Clean Water Act (i.e. which rivers, streams and lakes are federally regulated) had “fundamental,
Clearing the Air: US EPA Looks to Revamp Pyrolysis and Gasification Regulations
One man’s trash is another man’s treasure. In this case, one man’s solid waste, commercial and industrial waste, biomass, plastics, tires, and organic contaminants are another man’s energy, fuel, and commodity chemicals thanks to waste conversion technologies generally known as pyrolysis and gasification. For years, these waste conversion technologies have been regulated under a patchwork
Fish and Wildlife Service Seeks Input on Developing Migratory Bird Permit Program
Agricultural Law Weekly Review – Week Ending October 1, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Accept Appeal Challenging Constitutionality of California’s Proposition 12 
On September 27, 2021, the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF) filed a petition for writ of certiorari in the U.S. Supreme Court seeking to have California’s Proposition 12 declared unconstitutional as a violation of
EPA Moves to Elevate Tribal Rights in Water Quality: Changes Could Modify CWA Implementation
The Environmental Protection Agency (EPA) has initiated two rulemaking actions, both expected to be proposed in early 2022, that could change the way the Clean Water Act (CWA) is administered across the country. Together, these actions would elevate tribal rights in water quality regulatory decision-making and could provide EPA with significantly greater authority to regulate