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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.
Ongoing Battle to Keep Toxic Chemicals at Bay Outdated federal waterlaws and chemicals that were approved for industry without assessing for risk leave Ann Arbor and other communities struggling to ward off water contaminants before they foul drinking supplies. It’s frustrating,” he said.
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 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.
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.
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. PIRG Education Fund, assigned letter grades to states based on their policies to limit lead contamination in school drinking water.
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.
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.
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.
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.
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 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.
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. What does EPA mean when it refers to the “pre-2015 regulatory regime?” 13 webinar on the revised WOTUS definition.
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.
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. 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.
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.
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.
On May 25, 2023, the United States Supreme Court released their highly-anticipated opinion in Sackett v. 2023), a lawsuit. Supreme Court Revisits Wetlands Jurisdiction Under the CWA appeared first on National Agricultural Law Center. The post WOTUS Update: U.S.
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. If the court were to vacate the agency approvals, the United States’s first major offshore wind project could suffer serious delays.
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.
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.
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 Law2023-63). Federal Implementation of the decision in Sackett v.
Posted on August 14, 2023 by Steven Miano I recently had the opportunity to speak at a State University of New York (SUNY) conference for a group of exceptional primary and high school Science, Technology, Engineering and Math (STEM) teachers. My presentation was titled: Environmental Disasters that Led to Environmental Laws.
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 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].
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.
On September 8, 2023, EPA and the U.S. Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the CleanWaterAct (CWA) such that certain wetlands are removed from federal jurisdiction. The final rule revises the agency regulations in light of the U.S.
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.
On October 18, 2023, the EPA published a Supplemental Notice of Proposed Rulemaking (“SNPR”) regarding incidental discharges from vessels, proposing national performance standards under the Vessel Incidental Discharge Act (“VIDA”). Comments on the SNPR are due by December 18, 2023.
Posted on December 20, 2023 by Seth Jaffe Last month, I advised plastics manufacturers to prepare for more litigation. The complaint alleges a number of violations of the CleanWaterAct, but all of them relate to allegations that BVPV discharged nurdles – an excellent neologism that will soon be part of common vocabulary.
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).
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
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. DEP is required by the federal CleanWaterAct to submit a report to the U.S.
We also acknowledge the pivotal role CBF played in getting the Keystone Tree Restricted Account passed by the legislature and signed into law three years ago. In 2023, the partnership plans to directly fund and plant at least 518,000 more trees for Pennsylvania. Read more here.] There is a lot left to do.
On August 29, 2023, the United States Environmental Protection Agency (U.S. EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the CleanWaterAct (CWA).
On December 18, 2023, the U.S. EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year conflict between the U.S. Army Corp of Engineers (“USACE”) and a Louisiana landowner over the agency’s CleanWaterAct (“CWA”) jurisdiction over the subject property. Supreme Court’s Sackett v.
Posted on April 13, 2023 by Ridge Hall What can a frustrated state legislator do when the agency implementing the CleanWaterAct fails to renew expired permits or sanction major violators? Legislation recently adopted by Maryland provides some innovative answers. Here’s the problem.
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. This critical plan is expected to be put into place in time for the 40th anniversary of the Chesapeake Bay Program in 2023. climate change).
Back on August 29, 2023, U.S. EPA which significantly reduced the number of wetlands that are federally protected under the CleanWaterAct (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S. Supreme Court in Sackett v.
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