WOTUS: Twenty-Four States File New Complaint Against EPA Challenging New WOTUS Rule
On February 16, 2023, a coalition of twenty-four states filed a complaint in the U.S. District Court for the District of North Dakota Eastern Division against the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the new final rule…

Pipelines: US Fish and Wildlife Service Finds Mountain Valley Pipeline Unlikely to Threaten Existence of Five Regional Species
On Monday, March 1, 2023, the United States Fish and Wildlife Service (FWS) published a revised impact assessment for the proposed Mountain Valley Pipeline, a 304-mile natural gas pipeline that will span from the Wetzel County region…

Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn…

GHG Emissions: DOE Announces $2.52 Billion in Funding for Carbon Capture Projects
On February 23, 2023, the Department of Energy (DOE) announced that two programs created to support the development of carbon capture technology will receive $2.52 billion in funding. The carbon management technologies in development include systems capture, transport, and storage of carbon dioxide…

COVID-19: SCOTUS Denies Tyson’s Petition to Keep COVID Cases in Federal Court
On February 21, 2023, the Supreme Court of the United States (SCOTUS) denied Tyson Foods, Inc.’s (Tyson) petition to keep in federal court several negligence cases alleging that the 2020 COVID-related deaths of workers employed at Tyson’s Waterloo, Iowa plant were caused by…

National Energy Policy: DOE, IRS, and Treasury Department Release New Guidance on Qualifying Advanced Energy Project Credit Program
On February 13, 2023, the U.S. Treasury Department, the U.S. Department of Energy (DOE), and the Internal Revenue Service (IRS) released new guidance on the expanded Qualifying Advanced Energy Project Credit program under Section 48C of the…

Agricultural Labor: D.C. Court Declines to Enjoin 2022 H-2A Regulation Revisions
On February 16, 2023, the U.S. District Court for the District of Columbia issued a memorandum opinion denying a preliminary injunction against the November 14, 2022, H-2A final rule. National Council of Agricultural Employers v. United States Department of Labor, No:1:22-cv-03569-RC.…