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In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. I included all laws passed in the U.S., not just federal regulatory laws, and some of my selections may not be what you expected.
Honestly, I was kind of nervous about water quality. In 2022, ninety of Texas beaches tested positive for unsafe levels of fecal bacteria (poop!), Paris, like many coastal cities in the US such as San Francisco, has a combined sewer system where after heavy rain events, pipes get overwhelmed and raw sewage can flow into nearby waters.
The report marks the 50 th anniversary of the CleanWaterAct, a bedrock piece of environmental legislation. According to the report, the CleanWaterAct has, thus far, failed to meet its goal of U.S. waters that are fishable and swimmable. More water news and analysis await you at circleofblue.org.
Over the past year, the environmental law arena has seen various issues and developments that have had impacts on agriculture. The post Top Environmental Law Topics from 2022 appeared first on National Agricultural Law Center.
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.
The first half of 2022 has seen a lot of development in the area of environmental law. The post Environmental Law Highlight: Developments From the First Half of 2022 appeared first on National Agricultural Law Center. From lawsuits to regulatory.
The post Ag and Food Law Daily Update: July 22, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
The post Ag and Food Law Daily Update: August 26, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
Despite numerous reports of oil discharges reaching miles long from the vicinity of the facility, the DEP has not yet imposed any required remediation efforts nor any financial penalties for the federal CleanWaterAct violations of Pennsylvania’s Clean Streams Law.
Posted on October 24, 2022 by Allan Gates. On October 15 th a large mob engaged in a public and ritualistic violation of the CleanWaterAct in Knoxville, Tennessee. There can be no doubt the mob’s actions violated the CleanWaterAct. Rocky Top, you’ll always be. Home sweet home to me.
Lake Erie’s Failed Algae Strategy Hurts Poor Communities the Most Algae blooms are hiking the cost of water for people already struggling to pay their bills. September 20, 2022 . The effects of toxic blooms don’t stop at water treatment plants. The CleanWaterAct is a clunky instrument for addressing diffuse pollution.
Supreme Court will hear a case that may narrow the scope of a landmark environmental law. What’s Up With Water—January 24, 2022 – This week’s episode covers a strategically important dam in Syria that was the target of a U.S. water companies that are under scrutiny for improperly handling wastewater. On Monday, the U.S.
In January 2022, the Fourth Circuit US Court of Appeals ruling on a Sierra Club lawsuit stripped the Mountain Valley Pipeline of construction permits in the Jefferson National Forest. With degrees in environmental science and the law, Sligh has a foot in both the science and policy worlds and a unique perspective on their intersection.
Recently, a coalition of environmental groups brought suit against the EPA for their lack of CleanWaterAct (CWA) oversight surrounding CAFOs. Vermont Law School cited numerous concerns with how ANR issued and enforced discharge permits to prevent water pollution. and Masters in Environmental Law and Policy.
Incremental (step-by-step) approaches In 2022, the EPA published an Environmental Justice Legal Tools document and a Cumulative Impacts Addendum. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. Overburdened communities cannot wait any longer.
The post Ag and Food Law Daily Update: September 19, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
The citizen suit cites Modern Landfill’s repeated violations of its water quality-based permit limits under the federal CleanWaterAct, and unpermitted discharges of toxic per- and polyfluoroalkyl substances (PFAS). However, in June 2022, PFOS and PFOA in Kreutz Creek were measured at 374.3
In order to bring a citizen suit in federal district court under the CleanWaterAct, 33 USC § 1365(a)(1), the plaintiff must first give “notice of the alleged violation” to the alleged violator, the EPA, and the State at least 60 days prior to commencing suit. In Shark River Cleanup Coalition v. §135.3(a).
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.
will pay a $230,000 penalty to settle alleged federal CleanWaterAct violations at its fruit processing facility in Peach Glen, Adams County. It’s crucial for us to hold polluters like this accountable to protect our water,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. On December 14, the U.S.
Posted on September 30, 2022 by Robin Kundis Craig. The Supreme Court is stepping once more into CleanWaterAct “waters of the United States,” more popularly known as WOTUS. If you’re a CleanWaterAct wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!”
In January 2022, the United States Supreme Court announced that it would once again hear arguments in the long-running case of. The post Treading Water: WOTUS Once Again Before Supreme Court appeared first on National Agricultural Law Center.
for alleged violations of the federal CleanWaterAct involving illegal discharges of plastics from their plastic manufacturing facility in Monaca, Beaver County. Our right as private citizens and citizen groups to directly enforce the federal CleanWaterAct against violators is a critical tool we can use to achieve that goal.”
The Environmental Protection Agency created the term “Concentrated Animal Feeding Operation”, (CAFO) as part of a regulatory scheme for enforcing the CleanWaterAct. That’s 99% of an enormous industry—retail sales of beef alone represented 143 billion dollars in 2022. came from animals confined in CAFOs.
In October 2022, a coalition of environmental groups filed a lawsuit asking the Environmental Protection Agency (“EPA”) to formally respond to. The post Enviro Groups Ask EPA to Revisit CWA CAFO Rules appeared first on National Agricultural Law Center.
The state permits provide the basis for the CleanWaterAct 401 certification given to the project. This victory is one small step of respect for the people of Pennsylvania, the rule of law and the rights of communities nationwide.
On December 30, 2022, the Environmental Protection Agency (“EPA”) released its long-awaited rule to redefine the definition of “waters of the. The post WOTUS Update: EPA Releases Highly Anticipated Final Rule to Redefine “Waters of the United States” appeared first on National Agricultural Law Center.
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.”
TNC was pleased to host a press conference in 2016 when the federal agencies signed an MOU and we’re even more pleased now to see the Task Force get codified in law. After years of dedicated effort by Representatives Kilmer and Strickland and countless others, PUGET SOS provisions will become law. Credit: Ellen Banner/TNC. “
Limiting Methane Emissions From Conventional Oil & Gas Facilities; And A First-Ever State MCL For PFOS/PFOA [PaEN] -- Guest Essay: Before The Federal CleanWaterAct, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers - By James M. The deadline for applications is January 13.
Farms in Six Southeast Michigan Counties Are Major Sources of Lake Erie Toxic Blooms Water sampling finds no reduction in bloom-producing nutrients. September 13, 2022 . A study by the Environmental Law and Policy Center in Chicago and the Washington, D.C.-based By Keith Schneider, Circle of Blue. Photographs by J. ADRIAN, Mich.
By Reid Frazier The following article was first published by The Allegheny Front on October 3, 2023 -- Captain Evan Clark of Three Rivers Waterkeeper started trawling the shores of the Ohio River in Beaver County in September 2022 to monitor Shell’s newly opened ethane cracker for water pollution.
The permit was issued under the CleanWaterAct in March 2019 – the same year the project received FERC approval – and will allow construction crews to “clear, grade, excavate and place fill material” on site to build the plant, which is being built on a 1,000-acre site on the west bank of the Calcasieu River, south of Lake Charles. [1]
The [federal] CleanWaterAct, passed in 1972, put in place regulations to limit pollution and water quality standards to begin the process of restoring waterways nationwide. million to organizations to plant buffers -- increasing Pennsylvania’s climate resiliency and helping to clean waterways.
Posted on September 30, 2022 by Pat Parenteau. The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. This time the CleanWaterAct is on the chopping block. Some 28 states have laws on the books mandating that state law be “ no stricter than federal law.”
Earlier this week, a federal district court in North Dakota enjoined implementation of a major CleanWaterAct rule. The rule, which EPA and the US Army Corps of Engineers jointly enacted late in 2022, would determine which aquatic features.
Posted on February 1, 2022 by Robert D. Growing up in Massachusetts, we always “understood” that water we swam and recreated in was, well, “dirty.” At Fenway Park, home of the Boston Red Sox, the song “Dirty Water” (the Standell‘s 1966) was blasted out over the speaker systems immediately after the last out of every home team victory.
By Cindy Adams Dunn, Secretary of DCNR In 2018 at the Lancaster County farm for the kickoff of the Keystone 10 Million Trees Partnership , I remember thinking about what an ambitious challenge planting that many trees would be and how important reaching that goal is for clean rivers and streams in Pennsylvania. How Clean Is Your Stream?
Posted on August 11, 2022 by Tommy Lavender. Dakota Finance LLC decision from the Fourth Circuit, the Court concluded in a split decision that a South Carolina enforcement action was insufficient to preclude a citizens suit commenced pursuant to CleanWaterAct § 505(a)(1), notwithstanding the provisions of CleanWaterAct § 309(g)(6)(A)(ii).
Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the CleanWaterAct (“CWA”)? Yes, as long as the citizen suit does not seek civil penalties, according to the First Circuit in The Blackstone Headwaters Coalition, Inc. 19-2095, __ F.
May 26, 2022), the Fifth Circuit ruled that the Seventh Amendment guarantees the right to a jury trial for defendants facing subrogation and recoupment claims under the Oil Pollution Act of 1990 (the “OPA”). This post was authored by summer associate Reilly Wright In United States v. ERR, LLC , No. 21-30028 (5 th Cir.
On January 12, West Penn Power of Greensburg will pay a $610,000 penalty under a settlement to resolve water discharge violations at two coal ash impoundment landfills in southwestern Pennsylvania, the U.S. Environmental Protection Agency and Department of Environmental Protection announced.
Environmental Protection Agency released its evaluations of how the seven jurisdictions in the Chesapeake Bay Watershed did in meeting the 2020-21 and 2022-2023 cleanup milestones. With historic new levels of investment, especially in Pennsylvania, and water quality improving, saving the Bay and its rivers and streams is still within reach.
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