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Wetlands in the United States are now even more vulnerable after the Supreme Courts 2023 decision in Sackett v. Environmental Protection Agency that stripped CleanWaterAct protections from many inland wetlands.
Industrial meat and poultry slaughterhouses dump millions of pounds of pollutants into the nation’s waters every year. The federal CleanWaterAct directs the US Environmental Protection Agency (EPA) to set and enforce the rules that regulate this pollution.
Over the last month, there have been several developments in the litigation over implementation of the key CleanWaterAct (“CWA”). The post WOTUS Update: 2023 Rule Enjoined in 27 States appeared first on National Agricultural Law Center.
Posted on March 27, 2023 by Karen Aldridge Crawford On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection Agency and the Army Corps of Engineers (the agencies), 88 Fed.
to bring its waste treatment and disposal facility in Yukon, Westmoreland County into compliance with the federal CleanWaterAct. The joint agreement addresses the discharge of pollutants and structural and operational failures that EPA officials identified at the Yukon facility during a 2023 inspection.
In a highly anticipated opinion, the United States Supreme Court narrowed the scope of waters and wetlands considered to be "waters of the United States" ("WOTUS") and, therefore, subject to jurisdiction under the CleanWaterAct. 2023) ( citing Rapanos v. In Sackett v.
6, 2023), the U.S. Read More » Tags: CleanWaterAct , Consent Decree , Enforcement , Third Circuit , Wetlands In a January 6 decision, U.S. Brace , No. 21-2966 (3rd Cir.
The Supreme Court will decide which wetland ecosystems are included in the CleanWaterAct, the law that regulates the dumping of pollutants into American waters. Amidst drought, farmers in southern Taiwan are being paid not to grow crops as the government reserves water for semiconductor production.
March 7, 2023 Fresh is a biweekly newsletter from Circle of Blue that unpacks the biggest international, state, and local policy news stories facing the Great Lakes region today. In Detroit, the cost of water has risen by 120 percent in the past decade.
Posted on January 12, 2023 by Jeff Porter. Mr. Beck wasn’t writing about the decades long war over the jurisdictional reach of the Federal CleanWaterAct but the shoe certainly fits. The battle over the reach of the Federal CleanWaterAct continues. Backwards, forwards, square and round.
On August 29, 20213, the Environmental Protection Agency (“EPA”) released an updated version of its 2023 rule to define the crucial. The post WOTUS Update: EPA Revises 2023 Rule in Light of Sackett Decision appeared first on National Agricultural Law Center.
The Sacketts challenged the order, claiming that the wetlands are not jurisdictional “waters of the United States” within the meaning of the federal CleanWaterAct, 33 U.S.C. §§ 1251-1389 (CWA). Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v.
And it left Steglitz irritated that he and his staff have to spend so much energy reacting to chemical threats that compromise Ann Arbor’s drinking water. “It’s The CleanWaterAct, a landmark federal pollution control law passed in 1972, cleaned up American waterways once fouled by industrial waste.
Posted on December 27, 2023 by Jeff Porter Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal CleanWaterAct jurisdiction for over a decade.
Posted on March 22, 2023 by Jonathan Ettinger The scope of suits available to private citizens under the CleanWaterAct is not unlimited. The post Discretion is the Better Part of Valor; Court Dismisses CleanWaterAct Citizen Suit Challenging POTW’s Enforcement Discretion appeared first on ACOEL.
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). Modern Landfill continues to violate the CleanWaterAct on a consistent basis.
The primary issue is whether the CleanWaterAct (“CWA”) allows EPA to impose general prohibitions in National Pollutant Discharge Elimination System (“NPDES”) permits, which could subject permit holders to enforcement actions for violating water quality standards without specifying exact discharge limits.
In the 27 states where the ninth attempt wasn’t enjoined, EPA and the Corps are going to apply the “pre-2015 regulatory regime” to determine the reach of the CleanWaterAct. EPA says that the Corps and EPA are going to implement that “pre-2015 regulatory regime” “consistent with Sackett.”
The Bureau released new projections that showed a one-in-three chance that Lake Powell, absent interventions, will be low enough in 2023 that it will not be able to generate hydropower. Regan also said that the EPA will propose a draft regulation in November that would define the waterbodies that are regulated by the CleanWaterAct.
The House fails to overturn President Biden’s veto of legislation to reduce CleanWaterAct protections. And lastly, the EPA establishes that water and wastewater are eligible categories for billions in federal funding to reduce greenhouse gas emissions and air pollution. On the Radar Climate Policy at the USFS The U.S.
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.
The Environmental Protection Agency created the term “Concentrated Animal Feeding Operation”, (CAFO) as part of a regulatory scheme for enforcing the CleanWaterAct. billion dollars in 2023, and eggs brought in about 17.9 billion dollars in 2023. came from animals confined in CAFOs. CAFOs are huge.
June 7, 2023 — In an unfortunate sequence of events, the U.S. Supreme Court has issued a decision significantly limiting federal CleanWaterAct regulation of wetlands just as the N.C. General Assembly has been moving legislation to limit state water quality protection for wetlands. First, some background.
The state permits provide the basis for the CleanWaterAct 401 certification given to the project. The project obtained its federal Natural Gas Act certificate of public convenience and necessity from the Federal Energy Regulatory Commission on January 11, 2023. Posted: June 6, 2023] PA Environment Digest
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.”
December 14, 2023. General Assembly returned to a very aggressive effort to influence environmental rules in 2023. The annual Appropriations Act (House Bill 259), the N.C. The CleanWaterAct requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.
Related Article: -- Registration Now Open For Lehigh Valley Watershed Conference With Events On March 12, 13, Main Conference March 14 At Lehigh University [Posted: February 21, 2023] PA Environment Digest Continuing education credits will be available for engineers and landscaping professionals.
On September 14, the United States Environmental Protection Agency (USEPA ) released a pre-publication version of the CleanWaterAct Section 401 Water Quality Certification Improvement Rule (the “2023 Rule”) [1].
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.
On May 25, 2023, the Supreme Court issued its decision in Sackett v. EPA, ruling that federal jurisdiction over wetlands under the CleanWaterAct (CWA or the Act), which prohibits discharging pollutants into “the waters of the United States” (WOTUS), extends to only those wetlands with a continuous surface connection to WOTUS.
October 30, 2023. Supreme Court decision reducing federal CleanWaterAct (CWA) jurisdiction over streams and wetlands. See State Law: Removing Wetlands from “Waters of the State”.) Farm Act (Senate Bill 582/ Session Law 2023-63). Most of those streams ultimately flow into permanent water bodies.
MAX conducts waste operations under permits issued by the Pennsylvania Department of Environmental Protection pursuant to the federal CleanWaterAct and the Resource Conservation Recovery Act. According to EPA, this site is an area with potential environmental justice concerns.
Environmental Protection Agency and Department of Environmental Protection announced Capital Region Water will make substantial upgrades to the sewer and stormwater systems that serves the Harrisburg area under a proposed modified consent decree.
Posted: January 6, 2023] PA Environment Digest For more information on programs, training opportunities and upcoming events, visit the Susquehanna River Basin Commission website. Click Here to sign up for SRBC’s newsletter. Follow SRBC on Twitter , visit them on YouTube.
Posted on March 28, 2023 by Jeff Porter Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal CleanWaterAct authorizing it to continue fighting forest fires from the air.
On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project.
The new adder only applies to projects placed in service on or after January 1, 2023. Facilities “to which a permit has been issued by the United States or an authorized State” under RCRA, the CWA, the Toxic Substances Control Act, or the Safe Drinking WaterAct. Here’s where the fun starts.
On May 25, 2023, the United States Supreme Court released their highly-anticipated opinion in Sackett v. 2023), a lawsuit. The post WOTUS Update: U.S. Supreme Court Revisits Wetlands Jurisdiction Under the CWA appeared first on National Agricultural Law Center.
Using the information that DEP has been collecting, DEP has taken action to protect drinking water in the state by adopting maximum contaminant levels (MCLs) in January 2023 for certain PFAS chemicals for drinking water across the state. 21 [PaEN] [Posted: September 19, 2023] PA Environment Digest Read more here.] [The
On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the CleanWaterAct (CWA or the Act).
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.
In April 2023, the Pacific Legal Foundation filed a lawsuit on behalf of Thomas and Amy Villegas against the Environmental Protection. The post Landowners Question Authority of Agency Adjudication appeared first on National Agricultural Law Center.
Keystone WV , 2:22-cv-00367, 2023 WL 6466210 (S.D. 4, 2023), the Honorable Joseph R. Read More » Tags: Citizens Suit , CleanWaterAct , Mining , NPDES , Permits , Successor Liability , West Virginia
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