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August 29, 2017

EPA Farm Reporting Exemption Final Rule Vacated

By Karen Aldridge Crawford

ABA Section of Litigation - Environmental & Energy Litigation Newsletter

Many of my industrial clients envy the deference given agricultural activities by federal and state lawmakers and environmental agencies. Typically, agricultural activities are exempt from provisions of federal law. However, on April 11, 2017, the D.C. Circuit Court of Appeals issued a decision in Waterkeeper Alliance v. Environmental Protection Agency, 853 F.3d 527 (No. 09-1017 consolidated with 09-1104), vacating one of those enviable exemptions.