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Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

Acoel

The Supreme Court is stepping once more into Clean Water Actwaters of the United States,” more popularly known as WOTUS. If you’re a Clean Water Act wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!” United States.

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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act

The Energy Law Blog

Army Corps of Engineers (the Corps) released new proposed guidance on how the agencies will identify waters protected by the Clean Water Act (CWA) in light of Solid Waste Agency of Northern Cook County v. 159 (2001) (SWANCC) and Rapanos v. Army Corps of Engineers, 531 U.S. United States, 547 U.S. 715 (2006).

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

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Transforming a 3000 Acre Steelmaking Complex from Hazardous Waste Site to a Restoration Success

Acoel

In 2001 Bethlehem Steel declared bankruptcy. Because Sparrows Point was the biggest employer in the state, EPA and the Maryland Department of the Environment did little to enforce compliance with environmental laws despite major violations throughout the 1970s, ‘80s and ‘90s.

Waste 40
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Maryland Adopts 42 New Environmental Laws in 2021

Greenbuilding Law

Senate Bill 334 / House Bill 76 establish that a person who meets the threshold standing requirements under the federal Clean Water Act has an unconditional right and the authority to intervene in a civil action initiated by the State in State court to require compliance with certain water pollution control measures.

Law 52
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SCOTUS’s DECISION IN SACKETT V. EPA ENDS “SIGNIFICANT NEXUS” TEST

Acoel

While the justices were not all in agreement with the new test set forth in the majority decision in Sackett , none supported the “significant nexus” test suggested by Kennedy in Rapanos as being authorized by the Clean Water Act (CWA), and all concurred in the judgment. 159 (2001). Army Corps of Engineers, 531 U.S.