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Author: Kimberly Bick

An Update on Trump’s “Take” on the Migratory Bird Act – Cross Motions for SJ Filed

Wed Apr 15th, On Rulemaking and Legislative Practice, by

The U.S. Department of Interior recently argued that, prior to the Trump Administration, the Migratory Bird Treaty Act (“MBTA”), 16 U.S.C. § 703(a), had been improperly enforced. According to the Department of Interior, the Act’s original intent was to criminalize the intentional killing of protected birds.  Opponents to the Department of Interior’s interpretation have argued that the Act applies strict liability, such that accidental killing or injuring migratory birds resulting […]

Vapor Intrusion Investigations and Emergency Actions May Continue, As EPA Issues Interim Guidance Regarding Possible Delays In Superfund and RCRA Response Actions and Site Work During COVID-19 Pandemic

Fri Apr 10th, On Compliance Counseling, by

Today, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This guidance provides important information for regulated entities, consultants, EPA’s partners, and the public concerning response actions at Superfund and RCRA sites. It is a follow-up to EPA’s previous Memorandum on March 27, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program,” which did not cover CERCLA and RCRA response actions and enforcement actions, […]

Bick Law LLP Explains FDA’s Oversight of the Food and Agriculture Sector During the COVID-19 Pandemic

Wed Apr 8th, On Compliance Counseling, by

As defined by the federal government, the food supply, including all food facilities and the agriculture industry, makes up critical infrastructure from farm to table and includes assets, systems, networks, and functions that provide vital services to the nation. It is essential that the food supply and associated supply chains are protected, and remain operational, including a workforce that is vital to production of the food supply. Promoting the ability […]

COVID-19 Halts The Supreme Court – Pending Environmental Case to be Heard in the Fall

Mon Apr 6th, On Environmental Law, by

The U.S. Supreme Court postponed its April 20th argument session, the last session of the year, as a result of COVID-19. The last time the Supreme Court closed its doors to the public due to an epidemic was during the Spanish flu outbreak of 1918, when the court postponed oral arguments by a few weeks. This time, the Court found a way to continue functioning as best it can, like […]

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