Ag and Food Law Daily Update: December 10, 2021
National Law Center
DECEMBER 10, 2021
The post Ag and Food Law Daily Update: December 10, 2021 appeared first on National Agricultural Law Center. Email important additions HERE. Judicial: Sovereign.
2021 Clean Water Act Law 
Pennsylvania Court Holds that Clean Water Act and Clean Streams Law are not Comparable, Permitting Citizens Suit to Proceed
MGKF Law
FEBRUARY 22, 2021
On February 18, 2021, the Court in Lower Susquehanna Riverkeeper, et al., 1:19-CV-01307, 2021 WL 632734, at *1 (M.D. Read More » Tags: Citizen Suit , Clean Streams Law , Clean Water Act , Effluents , Enforcement Action , NPDES , Pennsylvania , Pennsylvania Department of Environmental Protection , Permits , Preemption , Water.
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With Friends Like These. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands
Acoel
AUGUST 19, 2021
Posted on August 19, 2021 by Jeff Porter. The panel’s legal gymnastics to reach this conclusion could be the basis for an entire law school seminar. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands appeared first on ACOEL. One thing seems certain.
Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under the Clean Water Act
MGKF Law
JULY 11, 2021
On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“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.
Court Vacates CWA Section 401 Certification Rule
National Law Center
NOVEMBER 18, 2021
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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Environmental Law Topics to Watch in 2022
National Law Center
JANUARY 6, 2022
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.
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123 UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits
Vorys Law
APRIL 25, 2021
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. On January 13, 2021 the U.S. NWP 44 – Mining Activities. •
Environment, Energy, and Resources Law: The Year in Review 2021
E2 Law Blog
JULY 18, 2022
Greenberg Traurig Tampa office Shareholders David Weinstein and Christopher Torres and Associate Kayli Smendec co-authored the chapter titled “Environmental Enforcement and Crimes” in Environment, Energy, and Resources Law: The Year in Review 2021, published by the ABA Section of Environment, Energy, and Resources.
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New Law Changes Wetland Regulation in the State of Indiana
National Law Center
JULY 15, 2021
In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. The post New Law Changes Wetland Regulation in the State of Indiana appeared first on National Agricultural Law Center. Senate Bill 389 (“SB.
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From Supreme Court to State Courts, Important Enviro Rulings from June 2021
National Law Center
JULY 8, 2021
The past few month has seen a series of important environmental law decisions from various courts across the United States. The post From Supreme Court to State Courts, Important Enviro Rulings from June 2021 appeared first on National Agricultural Law Center.
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Maryland Adopts 42 New Environmental Laws in 2021
Greenbuilding Law
APRIL 25, 2021
The 442nd session of the Maryland legislature adjourned on April 12, 2021. The new laws compiled below add to that already very green environmental regulatory scheme. A person exercising this right to intervene must act in accordance with applicable practices, procedures, and laws in the State. Enforcement.
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Storm Sewers and Impervious Cover in Maryland: A Further Update
E2 Law Blog
JUNE 7, 2022
The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act 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.”
The Stream, May 3, 2023: Native Hawai’i Farmers Advocate For Land Back While Restoring Historic Water Systems
Circle of Blue
MAY 3, 2023
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.
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Gas Industry, Sen. Bartolotta Seek Legislation To Eliminate Environmental Hearing Board Appeals Of DEP Permits For Natural Gas Pipeline Facilities
PA Environment Daily
MAY 21, 2024
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.” of Bordentown v. F.E.R.C. , 2018)) Sen.
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Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project
The Energy Law Blog
MAY 24, 2023
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.
Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US
E2 Law Blog
MAY 24, 2021
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.
WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS
National Law Center
DECEMBER 9, 2021
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.
Biden Administration Begins Review of Environmental Regulations
National Law Center
OCTOBER 7, 2021
When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review. The post Biden Administration Begins Review of Environmental Regulations appeared first on National Agricultural Law Center.
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Arizona Court Vacates WOTUS Rule
National Law Center
SEPTEMBER 2, 2021
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.
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N.C. Water Quality Legislation (2023)
Smith Enviorment
DECEMBER 14, 2023
This post covers the most significant legislation affecting state water quality protections: AQUACULTURE PERMITTING Replace the existing NPDES General Permit for aquaculture operations. The Clean Water Act requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.
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Water, Water Everywhere Nowhere, And Not a Drop To Drink
Acoel
AUGUST 2, 2021
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. Western water policy was formed out of the common law development of the “wild west.”
U.S EPA and Army Corps Revert Back to Pre-2015 Interpretation of “Waters of the United States”
Vorys Law
SEPTEMBER 13, 2021
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.
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NRDA Settlement Reached for 2014 Galveston Bay Oil Spill
The Energy Law Blog
DECEMBER 9, 2021
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
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CAFOs: Harming People Now, Later, and Forever
Vermont Law
OCTOBER 31, 2024
The Environmental Protection Agency created the term “Concentrated Animal Feeding Operation”, (CAFO) as part of a regulatory scheme for enforcing the Clean Water Act. Americans’ continued reliance on CAFOs perpetuates injustice and cruelty, subject to little regulatory oversight. came from animals confined in CAFOs.
Supreme Court Tries to Set a Bright Dividing Line on CERCLA Claims, but has it?
MGKF Law
MAY 24, 2021
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.
NRDC: Regulation Is Too Weak For Radioactive Oil And Gas Drilling Wastewater, Other Waste
PA Environment Daily
JULY 27, 2021
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.
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DEP To Discuss Proposed Reg. On Reporting Spills, Releases; Draft 2024 Integrated Water Quality Report With Water Resources Advisory Committee Sept. 21
PA Environment Daily
SEPTEMBER 18, 2023
DEP said the proposed regulation ensures DEP receives the information it needs to meet its statutory obligation under state law and as a trustee under the Environmental Rights Amendment to the state constitution. The guidance was put out for two public comment periods in August of 2020 and October 2021. Document: 383-4200-003.]
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Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As “Clear as Mud”
CEQA Developments
MARCH 4, 2021
In the area of State Water Resources Control Board (“SWRCB” or the “State Board”) water quality certifications (“WQCs”) under the Federal Clean Water Act (“CWA”; 33 U.S.C § 1251 et seq), this bedrock principle appears to have been watered down, and it may be significantly eroding under pressure from a preemptive federal law deadline.
Taking a Five-Year-Old to Court: EPA’s First 10 Risk Evaluations Meet the Bench
Acoel
JULY 12, 2021
Posted on July 12, 2021 by Alexandra Dapolito Dunn. The 2016 Lautenberg Amendments turning five on June 22, 2021 provides a perfect opportunity to reflect on how this ambitious and bold statute is growing up – and faring in the courts. Tracking the body of law building up around the Amendments is, for now, a manageable exercise.
Storm Sewers and Impervious Cover in Maryland: An Update
E2 Law Blog
MAY 10, 2021
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 Clean Water Act. MDE administers NPDES permitting in the State. In 2019, we noted on this blog the Maryland Court of Appeals’ decision in Md. 1865, Sept.
Farms in Six Southeast Michigan Counties Are Major Sources of Lake Erie Toxic Blooms
Circle of Blue
SEPTEMBER 13, 2022
In 2021, USDA spending on conservation reached 29 of Lenawee County’s 1,300 farms. A study by the Environmental Law and Policy Center in Chicago and the Washington, D.C.-based The 1972 Clean Water Act immunizes crop farmers from government regulations to control agricultural runoff. billion budget in 2021.
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Fresh, May 16, 2023: New Wisconsin Law Aims to Protect Watersheds From Farm Runoff
Circle of Blue
MAY 16, 2023
Christian Thorsberg, Interim Fresh Editor This Week’s Watersheds A new law in Wisconsin will fund more sustainable, watershed friendly farming methods. 2023 Wisconsin Act 5 Is Signed Into Law A new law which incentivizes sustainable farming practices was signed into law last week by Wisconsin Gov.
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Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
E2 Law Blog
NOVEMBER 2, 2021
18, 2021, United States Environmental Protection Agency (EPA) Administrator Michael S. Regan announced the EPA’s strategy to address certain per- and polyfluoroalkyl substances (PFAS): PFAS Strategic Roadmap: EPA’s Commitment to Action 2021-2024. NOTE : The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m.
Army Corps Reissues Nationwide Permits, Dividing NWP 12 Into Three
SPR Law
FEBRUARY 1, 2021
On January 13, 2021, the U.S. The rule goes into effect on March 15, 2021. Army Corps of Engineers (“Corps”) published a final rule reissuing and modifying twelve existing 2017 nationwide permits (“NWPs”) and creating four new NWPs.
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Transforming a 3000 Acre Steelmaking Complex from Hazardous Waste Site to a Restoration Success
Acoel
JUNE 15, 2021
Posted on June 15, 2021 by Ridge Hall. 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. In 2001 Bethlehem Steel declared bankruptcy.
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Montrose Environmental Group Acquires Environmental Intelligence, LLC
Montrose
JULY 6, 2021
July 6, 2021 – Montrose Environmental Group, Inc. EI’s environmental expertise includes wetlands and water compliance, restoration and revegetation services, and permitting under the Clean Water Act and federal and state Endangered Species Acts. IRVINE, Calif. LAGUNA BEACH, Calif.
Chesapeake Bay Executive Council Elects EPA Administrator As Chair, Starts Discussion On Steps Needed For States To Get Closer To Meeting 2025 Pollution Reduction Milestones
PA Environment Daily
OCTOBER 11, 2022
Additionally, Dr. Boyd unveiled the 2021-2022 Bay Barometer: An Annual Report on the State of the Program and the Health of the Bay , offering a snapshot of the Chesapeake Bay Program’s activities and accomplishments over the past year. “EPA We cannot afford further delay.
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Chesapeake Bay Journal: EPA Launches More Collaborative Water Quality Impact Assessments Of PA Farms
PA Environment Daily
JULY 17, 2023
Through 2021, Pennsylvania had cut 8.7 In 1993, it enacted the region’s first law requiring its largest farms to have nutrient management plans to guide fertilizer and manure applications. The EPA’s Clean Water Act authority over farms is generally limited to large, concentrated animal feeding operations or CAFOs.
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Billions Flow to Water Systems from Federal Pandemic Relief Funds
Circle of Blue
FEBRUARY 17, 2022
The American Rescue Plan Act — the relief bill that President Joe Biden signed into law on March 11, 2021 — set aside $350 billion to assist states, tribes, territories, and local governments in responding to financial challenges wrought by the pandemic. The Michigan House has yet to vote on the measure.
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Federal Water Tap, June 21: Klamath Dam Removal Takes Another Step Forward
Circle of Blue
JUNE 21, 2021
FERC expects to complete the assessment by August 13, 2021. House Passes Water Bills. A House Energy and Commerce subcommittee approved three water bills. The PFAS Action Act would require the EPA to list PFOA and PFOS as hazardous substances under the federal Superfund law. Clean Water Act Violation.
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Escaping the Plastic Web: Global Resolution to End Plastic Pollution
Acoel
MARCH 7, 2022
But before I preach about plastic waste, with my mood lightened by this ray of hope, let me just offer a quick reminder of a foundational point: the law of conservation of mass , which recognizes that matter (with its specific mass) can change form, but before and after the change, the mass remains the same. Recommendation Nos.
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Bounty laws and citizen suits
Acoel
MAY 24, 2023
Posted May 24, 2023 by Tracy Hester In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. bars against citizen suits for entirely past violations of the Clean Water Act under the Gwaltney doctrine).
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The Mixed Up World of Blending
Acoel
MAY 17, 2022
My mind went back to law school and Marbury v. EPA seeking clarification on the agency’s position on bacteria mixing zones and wet weather blending [1] under the Clean Water Act. So what caused the court to issue a mandamus order on December 22, 2021 [ 2021 Iowa League of Cities Case ]? Mandamus order?
Is Agrochemical Contamination Killing Nebraska’s Children?
Circle of Blue
FEBRUARY 2, 2022
Nitrate is one of the most violated federal drinking water standards, with EPA data showing 458 systems in violation in the fourth quarter of 2021. Politically powerful farm lobbies, preferring voluntary measures to curb nutrient pollution, have held off oversight under the Clean Water Act and other statutes.
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