May 29, 2020 Weekly Round Up

Thanks for joining us for another Ag Law Weekly Round Up!  Here are some of the ag law stories in the news over the past couple of weeks.

Photo by Raphael Rychetsky on Unsplash

*CFAP program sign up is underway.  Sign up for the Coronavirus Food Assistance Program is open through August 28, 2020.  For more information on this program, click here for the TAMU Ag & Food Policy Center overview of the program.  For sign up information and forms necessary, click here.

*Sackett Clean Water Act litigation continues.  Back in 2012, the US Supreme Court found that Idaho landowners, Mike and Chantell Sackett, could bring suit to challenge the EPA’s determination that their property was a “water of the United States” and a Section 404 permit was required under the Clean Water Act.  In April of this year, the EPA filed a motion to dismiss the case in which the Sacketts challenged the EPA’s determination of jurisdiction over the property.  The Sacketts opposed the motion, arguing that the EPA had yet to provide certainty about their ability to use the property in the future.  The United States Court of Appeals for the Ninth Circuit sided with the Sacketts and denied the EPA’s motion to dismiss the case. [Read article here.]

* “Navigable Waters Protection Rule” facing legal challenges from all sides.  A number of lawsuits have been filed challenging the Navigable Water Protection Rule, the new definition of WOTUS released by the EPA and US Army Corps of Engineers.  Lawsuits have been filed by cattle trade association groups claiming the rule is too broad, and lawsuits have been filed by several states and environmental groups claiming the rule is too narrow.  To see a full summary of the pending litigation, click here for a helpful blog post from the National Ag Law Center.

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