Maple Drive Farms Ltd. Partnership v. Vilsack
The Sixth Circuit held that USDA failed to comply with its own regulations when it determined a farm was ineligible for program benefits under the "Swampbuster" provisions of the Food Security Act of 1985. USDA determined the farm was ineligible for benefits because it converted two acres of wetland...
Pine Creek Watershed Ass'n v. United States Environmental Protection Agency
A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage systems to satisfy the state's antidegradation requirements. An environmental group claimed the amendmen...
Beardslee v. Inflection Energy, LLC
New York's highest court refused to extend hydraulic fracturing leases entered into between energy companies and landowners. The leases contained a "force majeure" clause, excusing the parties from nonperformance due to events outside their control, as well as "habendum clauses," establishing the pr...