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The Los Angeles Dodgers’ most prominent sponsor — Phillips 66, which owns 76 gas — was just indicted for violating the CleanWaterAct by allegedly dumping hundreds of thousands of gallons of industrial wastewater from its Carson oil refinery into the LA County sewer system.
It is mind- bog -gling, syllable pun intended, that scientists still do not know how many wetlands lost protection in last year’s crippling of the CleanWaterAct by the Supreme Court. A 2019 study in the journal of Marine and Freshwater Research found that the world’s wetlands deliver $47 trillion a year in ecosystem services.
In October 2021, a federal district court issued a decision vacating the 2020 CleanWaterAct Section 401 Certification Rule (“2020. The post Court Vacates CWA Section 401 Certification Rule appeared first on National Agricultural Law Center.
The post Ag and Food Law Daily Update: December 10, 2021 appeared first on National Agricultural Law Center. Email important additions HERE. Judicial: Sovereign.
The post From Supreme Court to State Courts, Important Enviro Rulings from June 2021 appeared first on National Agricultural Law Center. The past few month has seen a series of important environmental law decisions from various courts across the United States.
Like the current 2021 MSGP, the 2026 MSGP would only apply in DC, MA, NH, NM, and certain other jurisdictions; however, states often look to the Federal MSGP when revising their own industrial stormwater permits. On Friday, Dec. The MSGP is a general permit that regulates stormwater discharges from various industrial facilities.
On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the CleanWaterAct (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. 18-35867, 2021 WL 2559477 (9th Cir. June 23, 2021). 2021 WL 2559477 at *15-16.
Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the CleanWaterAct (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021. On January 13, 2021 the U.S. NWP 44 – Mining Activities. •
Posted on August 19, 2021 by Jeff Porter. EPA ordered them to halt that construction and remove fill they had placed on the lot based on the Agency’s conclusion that the lot was a wetland within the jurisdiction of the federal CleanWaterAct and the Sacketts did not have the permit necessary to fill it.
The authority to do so is embedded in the federal 1972 CleanWaterAct, which defined large livestock and poultry farms as “point sources” of water pollution that require permits to discharge their wastes. . In December 2021, in collaboration with the state Department of Agriculture and Rural Development, EGLE and Gov.
Vending machine selling water on Maui, 2021. Photo: Christian Thorsberg YOUR GLOBAL RUNDOWN On Maui , where colonial and commercial parties stole land and water decades ago, Native Hawai’ian farmers are working to restore ancient water systems while litigating for reparations.
The EPA intends to deny a CleanWaterAct permit for a mine development in Alaska’s Bristol Bay watershed. Officials sign a Navajo-Utah water rights settlement. The EPA announces an interagency working group for water reuse. The Rundown. NOAA expects another above-average Atlantic hurricane season. By the Numbers.
The Maryland Department of the Environment has for many years sought to meet its obligations under the CleanWaterAct and the Chesapeake Bay Total Maximum Daily Load in part by imposing obligations on municipal separate storm sewers (MS4s) beyond the statutory minimum imposition of control to the “maximum extent practicable” or “MEP.”
Posted on August 2, 2021 by Kevin R. Early in my career, I was involved in a natural resource damages case seeking to establish the monetary value of an impacted drinking water aquifer. Without a fresh look at water policy, efforts toward climate change will, at best, come too late.
In 2021, USDA spending on conservation reached 29 of Lenawee County’s 1,300 farms. The 1972 CleanWaterAct immunizes crop farmers from government regulations to control agricultural runoff. billion budget in 2021. In this game, Michigan is a small player, garnering just more than $50 million.
Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits, The post Environmental Law Topics to Watch in 2022 appeared first on National Agricultural Law Center.
Posted on July 29, 2021 by Kenneth J. In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. Water managers understand that surface and groundwater ordinarily form interconnected systems.
Press of Kansas, 2021). H-FedHist recently published a review by Bart Elmore ( recent recipient of the Dan David Prize ) of Gregg Coodley and David Sarasohn's The Green Years, 1964-1976: When Democrats and Republicans United to Repair the Earth (U.
In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. Senate Bill 389 (“SB. The post New Law Changes Wetland Regulation in the State of Indiana appeared first on National Agricultural Law Center.
BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.
She contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.” Read more here.
She contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.”
June 4, 2021. Pipeline construction often requires a CleanWaterAct Sec. 404 permit (for deposition of fill material in rivers, streams and other waters) from the U.S. the Division of Water Resources may be requested to issue a state water quality certification for the project.
May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. On Monday, the Supreme Court decided Territory of Guam v. 20-382 (U.S.
On December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the. The post WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS appeared first on National Agricultural Law Center.
On August 30, 2021, a federal judge in the district of Arizona issued an order vacating the Navigable Waters Protection Rule. The post Arizona Court Vacates WOTUS Rule appeared first on National Agricultural Law Center.
On August 30, 2021, the U.S. District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion ). The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the CleanWaterAct.
By Amy Mall, Natural Resources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. oil and gas industry produced an estimated one trillion gallons of produced water in 2017. Rules to protect workers, including truck drivers, also have significant gaps.
Per a 2021 progress report, the program made a difference: “increased conservation practices prevented an estimated 124,000 pounds of phosphorus and 182,000 tons of eroded soil,” the Journal-Sentinel reports. These practices can limit runoff, but they are expensive to implement.
On August 30, 2021, the U.S. District Court for the District of Arizona issued an Order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. Environmental Protection Agency. Following the Court’s Order, U.S. EPA and the Army Corps of Engineers issued a joint statement on U.S.
The funding for these projects originates from a combination of state funds approved by voters, Growing Greener funds, the Act 13 drilling impact fee funded Marcellus Legacy Fund, the federal Infrastructure Investment & Jobs Act, federal grant awards to PennVEST from the U.S. Click Here for a list of projects funded.
Small, Chesapeake Bay Foundation-PA When the federal CleanWaterAct was established 50 years ago to regulate pollution to the country's rivers and streams and set quality standards for surface waters, the Commonwealth of Pennsylvania already had a Clean Streams Law and an Environmental Rights Amendment (ERA) to its Constitution on the books. "But
PaEN] -- Delaware RiverKeeper Applauds Federal Court Action To Vacate Rollback Of Section 401 Federal CleanWaterAct Reviews [PaEN] -- Natural Gas Pipeline Advocate Fmr. 23 PA Bulletin [PaEN] -- TribLive: Allegheny County Police Taking Part In DEA’s Drug Take-Back Oct. 23 -- Sen. In September From 6.4%
A Brighter Future for Stormwater in Washington In 2021, Opti piloted several projects at stormwater retention ponds in Redmond. MDOT did so because state agencies—and companies—are required when they develop land or build roads or parking lots to meet local, state and federal water-quality standards outlined by the U.S.
20-382 (May 24, 2021), the eagerly anticipated opinion on whether consent decrees and administrative orders that do not expressly resolve liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) nevertheless give rise to a claim for contribution under Section 113(f)(3) of CERCLA.
2021] -- WESA: Wolf Calls On Schools, Communities To Prepare To Welcome Ukrainian Refugees Click Here for latest PA Environmental News Like PA Environment Digest on Facebook Follow PA Environment Digest on Twitter Read Weekly PA Environment Digest [Posted: April 4, 2022] PA Environment Digest
On December 3, 2021, the Department of Justice published a notice in the Federal Register of a settlement between Federal and State Trustees and Kirby Inland Marine, LP (“Kirby”) to resolve natural resource damages from a 2014 oil release. In November 2021, the U.S. Additionally, Kirby paid $4.9
In July 2021, Physicians for Social Responsibility reported PFAS chemicals were used by Chevron in fracking unconventional shale gas wells between 2012 and 2020. Read more here. Written by David Hess, former Secretary, PA Department of Environmental Protection. Send comments to: PaEnviroDigest@gmail.com.)
The important take away is that state environmental compliance inspections of regulated facilities will occur as planned in 2020 and 2021, but may be delayed or performed remotely. It remains uncertain exactly how remote inspections will proceed and what techniques may be used to ensure their validity.
David Rouzer (R-NC-7) amendment to amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to eliminate the water-quality protections of the CleanWaterAct (CWA) Pesticide General Permit, ultimately allowing direct discharge of pesticides into water bodies without any notification of guardrails for human health or the environment.
The guidance was put out for two public comment periods in August of 2020 and October 2021. The most recent public comment period closed on December 15, 2021. DEP is required by the federal CleanWaterAct to submit a report to the U.S. Document: 383-4200-003.] Click Here for DEP’s presentation.
MDE has adopted this approach to satisfy, in part, the State’s obligations to comply with the Chesapeake Bay Total Maximum Daily Load for nutrients and solids under the federal CleanWaterAct. MDE administers NPDES permitting in the State. In 2019, we noted on this blog the Maryland Court of Appeals’ decision in Md. 1865, Sept.
On July 11, the Environmental Quality Board will consider DEP’s report on a rulemaking petition to raise the well plugging bonding amounts for conventional oil and gas wells, proposed changes to state water quality criteria and other regulations. Triennial Review Of Water Quality Standards. Wolf on July 19, 2022.
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