Employers often need to perform pre-employment background checks on applicants to assess honesty, criminal background, credit history, military service, school records, and other related matters. While the type of job will generally determine whether to perform a pre-employment background check, and what kind, the following 10 tools should be considered: Credit Reports. Under the Fair Credit Reporting Act, businesses must …
So What Is All This Talk about WOTUS?
There has been a lot of talk lately about WOTUS (or “Waters of the United States”). This post gives a brief overview about what the heck is going on… In way of background, the United States government introduced the Clean Water Act (CWA) in 1972 in order to “restore and maintain the chemical, physical, and biological integrity of the nation’s …
Laws Regulating Pesticides and Chemicals in New York
The Environmental Protection Agency (“EPA”) administers the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). It is designed to control the sale, use, and distribution of pesticides. FIFRA requires that all pesticides used in the United States be registered and licensed by the EPA. All registered pesticides must be properly labeled with usage, storage, and disposal specifications. It is unlawful to …
Laws Regulating Wildlife in New York
The goal of the Federal Endangered Species Act (“ESA”) of 1973 is to create conservation programs and incentive systems to safeguard the nation’s fish, wildlife, and plants. The U.S. Fish and Wildlife Service (“USFWS”) is tasked with overseeing ESA regulations. New York’s various laws and regulations related to water pollution, waste management, and pesticides are tailored to protect wildlife, aquatic …
Laws Regulating Solid & Hazardous Waste in New York
The Federal Resource Conservation and Recovery Act (“RCRA”) was enacted in 1976 to protect citizens from hazardous waste by controlling the manner in which waste is disposed. The New York Solid and Hazardous Waste Management Law is the state counterpart to the RCRA, designed to safeguard the public while encouraging the conservation of energy and natural resources. Both state and …
Laws Regulating Air with New York Agriculture
The Federal Clean Air Act (“CAA”) was signed into law in 1970 and Congress enacted the last major amendments in 1990. The CAA charges the EPA with the protection and improvement of the country’s air quality and the ozone layer. The New York Air Pollution Control Act (“APCA”) empowers the NYDEC to administer the federal CAA programs and to adopt …
Laws Regulating Water in New York Agriculture
The Federal Clean Water Act (“CWA”) was enacted in 1972 with the goal of protecting the country’s waterways from pollution. The Environmental Protection Agency (“EPA”) is charged with enforcing the CWA at the federal level. The New York Department of Environmental Conservation (“DEC”) works at the state level to protect New York’s water resources. While states must adhere to the …
Overview of the Environmental Protection Agency
I’m currently conducting a blog series where each week I give a brief overview of the responsibilities of a government agency regulating our food and agriculture system. I think it’s a helpful reminder for everyone on just how complex our regulatory system really is. It’s a game of Who’s Who for government players in the U.S. food and agriculture economy. …
Listen to My Presentation on Starting an Agriculture & Environmental Law Practice
I had an opportunity to speak last month to the American Bar Association (“ABA”) Section on the Environment, Energy and Resources (“SEER”) to the Special Committees on Young Lawyers and Law Students on how I started an agriculture law practice in New York City. You can listen to the recording here. I’m again posting the slides below. The handouts from …
Overview of the Natural Resources Conservation Service
The Natural Resources Conservation Service (“NRCS”) is another sub-agency of the U.S. Department of Agriculture (“USDA”). NRCS was established in 1935 by President Franklin D. Roosevelt. It administers conservation programs to help preserve our natural resources and environment. It manages several national centers including but not limited to the (1) National Soil Survey Center, (2) National Water and Climate Center, …
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