A federal investigation has revealed that US EPA violated federal law by utilizing “covert propaganda” and illegal grassroots lobbying to encourage voters to support its Waters of the United States Rule (the “Clean Water Rule“). US EPA’s legal violations in the context of the Clean Water Rule could lead to additional trouble for the agency.
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Obama Administration Encourages Private Investment in Natural Resources Mitigation
The Obama administration recently released a presidential memorandum (Memorandum)—a tool the executive branch uses to direct the actions of government officials and federal agencies—designed to encourage private and non-profit sector investment in natural resources restoration and public-private partnerships. The Memorandum aims to instill a policy of first avoiding and then minimizing adverse effects to natural
Ninth Circuit Invalidates US EPA’s Unconditional Registration of Sulfoxaflor Insecticide as the Agency Also Faces Other Challenges to Its Pollinator Protection Efforts
On September 10, 2015, in Pollinator Stewardship Council et al. v. EPA, the Ninth Circuit Court of Appeals invalidated US EPA’s unconditional registration of the insecticide sulfoxaflor, concluding that the scientific data relied upon by the agency regarding the product’s potential impact on honey bees did not support approval of the insecticide. Sulfoxaflor, which
Federal Judge Sides With US EPA In Pebble Mine FOIA Litigation
On August 24, 2015, Judge H. Russel Holland of the US District Court for the District of Alaska dealt a blow to Pebble Limited Partnership’s (Pebble Partnership) efforts to obtain documents which it believes could support its claim that US EPA failed to comply with the Federal Advisory Committee Act (FACA) by coordinating with environmental
US District Court Enjoins Waters of the US Rule But Limits Injunction to the 13 Plaintiff States
On August 27, 2015, the US District Court for the District of North Dakota granted a motion for preliminary injunction to a coalition of 13 states (the States) attempting to block implementation of the Waters of the United States (WOTUS) Rule, promulgated by US EPA and the Army Corps of Engineers (the Corps) and set to go into
UK Judicial Review of Official Veterinarian over Beef Carcase: Food Standards Agency Victory
On 2 July, the Administrative Court ruled in the Food Standard Agency’s (FSA’s) favour over a decision by an FSA veterinary contractor based at a slaughterhouse (following an inspection by a Meat Hygiene Inspector) to declare a beef carcase as unfit for human consumption [i]. The Association of Independent Meat Suppliers (AIMs) together with
Reforming the offence of Public Nuisance
Introduction
Five years after originally consulting the public, the Law Commission has recently published its report on reforming the common law criminal offences of public nuisance and outraging public decency. This note focuses on the proposed reforms to the offence of public nuisance.
Public nuisance is unusual in so far as it is
Faced with Drought and Water Shortage, California Water Board Can’t Win For Losing
Things couldn’t be going much worse for the California State Water Resources Control Board (“Board”). In the midst of one of California’s worst droughts on record that has seen water levels drop to historic lows in California Reservoirs, Governor Jerry Brown and the Board have been desperate to find and implement ways to conserve water
The Final WOTUS Rule is Here: Still Pretty Broad
On May 27, 2015, US EPA and the US Army Corp of Engineers (ACOE) released their final (and highly controversial) “Waters of the US” (or WOTUS) rule. In an effort to mollify and assure critics that the Final Rule is not an unabashed “power grab,” the Agencies continue to say that the Final Rule “will
Nut Imposters: Increased number of EU and US recalls relating to nut products and undeclared allergens, despite overall reduction in EU
At the end of May 2015, Stericycle Expert Solutions released its European & US Recall Index and Notification reports. In the EU Recalls and notifications dropped in the first 3 months of 2015 but, the nut subgroup experienced a 67% increase, highlighting the importance of monitoring imported foods.
EU Recalls and Notification Reports Q1 2015