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Environmental Appeals Board Ratifies First Group of Air Consent Agreements

Client Alert | 1 min read | 01.27.06

In an extensive opinion issued today, the Environmental Appeals Board ("EAB") took the final necessary step in EPA's administrative process and ratified twenty Animal Feeding Operations Air Consent Agreements. The EAB responded to numerous substantive challenges to the agreements raised by various citizen groups (including the Association of Irritated Residents and the Sierra Club) and held that the agreements comply with applicable statutory and regulatory requirements.

Now that the EAB has ratified these air consent agreements, EPA will coordinate the EAB's approval of the remaining 2,600+ agreements, which we expect will occur very quickly. The 20 agreements ratified today involved 10 swine and 10 egg farms.

We expect that the air monitoring studies will proceed shortly for the swine and egg species.

For a copy of the EAB's opinion and final order, click here.

Insights

Client Alert | 4 min read | 12.04.25

District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products

On November 12, 2025, Judge King in the U.S. District Court for the Western District of Washington granted in part Haldiram India Ltd.’s (“Plaintiff” or “Haldiram”) motion for a preliminary injunction against Punjab Trading, Inc. (“Defendant” or “Punjab Trading”), a seller alleged to be importing and distributing gray market snack food products not authorized for sale in the United States. The court found that Haldiram was likely to succeed on the merits of its trademark infringement claim because the products at issue, which were intended for sale in India, were materially different from the versions intended for sale in the U.S., and for this reason were not genuine products when sold in the U.S. Although the court narrowed certain overbroad provisions in the requested order, it ultimately enjoined Punjab Trading from importing, selling, or assisting others in selling the non-genuine Haldiram products in the U.S. market....