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Court Vacates CWA Section 401 Certification Rule

National Law Center

In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020. The post Court Vacates CWA Section 401 Certification Rule appeared first on National Agricultural Law Center.

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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. 3d —, 2022 WL 952072, at *2 (D.

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UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits

Vorys Law

Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021. Ohio EPA did not finalize its 401 WQC until March 4, 2021.

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The Supreme Court Looks for a Middle Ground to Determine When Clean Water Act Permit is Required for Discharges to Groundwater

The Energy Law Blog

where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions). 22250 (Apr.

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Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers

PA Environment Daily

The two professors, David Nixon and John Zavodni, were not merely interested in the bounty provision of the law (a common feature of legislation in the late 19th century,) but they wanted to make a point: the rivers were a dump. But if Justice declined to act, the two intrepid canoers were positioned to make a political statement as well.

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EPA Weighs in On Supreme Court Decision Regarding Groundwater and the CWA

National Law Center

In April 2020, the United States Supreme Court issued its final ruling Cty. The post EPA Weighs in On Supreme Court Decision Regarding Groundwater and the CWA appeared first on National Agricultural Law Center. Hawaii Wildlife Fund, 590 U.S.

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District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds

MGKF Law

On January 3, 2024, the United States Court of Appeals for the Tenth Circuit reversed a district court decision that held that a Colorado gold mining company’s operation of four settling ponds constituted an unpermitted discharge of pollutants into navigable waters under the Clean Water Act (“CWA”).