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Sparked by the 1970s environmental movement, the CleanWaterAct — which marks its 50 th anniversary this month — transformed America’s polluted rivers. The Delaware, once an industrial cesspool, is one of the success stories, but its urban stretches remain a work in progress. Read more on E360 ?.
Davis School of Law will convene a major, day-long conference to commemorate the 50th anniversary of the federal CleanWaterAct. This conference will provide an important, interdisciplinary perspective on the CleanWaterAct and water quality issues, thanks to CELPC’s conference planning partners: U.C.D’s
Environmental Protection Agency that stripped CleanWaterAct protections from many inland wetlands. Agricultures devastating toll is evident in the Prairie Pothole Region of the Upper Midwest, where it caused 95% of wetland loss between 1997 and 2009.
The post CleanWaterAct Citizen Suits Before Fourth Circuit appeared first on National Agricultural Law Center. An important component of many environmental statutes is the ability for private citizens to initiate lawsuits to enforce the statute.
Before the CleanWaterAct of 1972, watersheds across the nation, including our own here in Philadelphia, were literal dumping grounds for industry, treatment plants and domestic households for generations. were unsanitary places before the CleanWaterAct. Waterways across the U.S. Mike Servedio/ANS.
Some upstream users are racing to divert more water from the declining river, a choice that a judge wrote in a recent court ruling is “perplexing” and risks forcing cutbacks for users in the future. By Wyatt Myskow A federal district court judge ruled last week that the U.S.
The post Sometimes the Law Really Is Unambiguous — CleanWaterAct Edition first appeared on Law and the Environment. Unfortunately, given that Congress is patently incapable of doing its job, rewriting the CWA to fix this problem is still the responsibility of Congress. Good luck with that.
What GAO Found Since 2015, the Environmental Protection Agency (EPA) has modified one of its three national initiatives emphasizing compliance with the CleanWaterAct and has discontinued two others (see fig.). Download the document.
Environmental Protection Agency Assistant Administrator for Water, Radhika Fox, kicked off a tour celebrating the 50th anniversary of the CleanWaterAct at the Aurora Bridge Bioswale in Seattle, WA. In the past 50 years, The CleanWaterAct has enabled the U.S. In August, the U.S.
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.
An upcoming Supreme Court decision could settle decades of legal ambiguity about which wetlands should get federal protection under the CleanWaterAct, bringing major changes to how these vital ecosystems are managed. loses about 60,000 acres of wetlands a year. Read more on E360 →.
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.
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. The post Will EPA Ignore a Flagrant Violation of the CleanWaterAct? Home sweet home to me.
CleanWaterAct. This law has done a good job at cleaning up municipal and industrial water pollution. In public health terms, what makes air pollution distinctive is the millions of people exposes to common pollutants such as particulates and smog.
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.
Arnold & Porter’s Environmental Practice Group is pleased to announce that the American Bar Association has published CleanWaterAct Essentials. The four authors each brought extensive expertise and practical experience on the CleanWaterAct (CWA) to the project.
to bring its waste treatment and disposal facility in Yukon, Westmoreland County into compliance with the federal CleanWaterAct. On September 27, the US Environmental Protection Agency announced it has issued a consent order to Max Environmental Technologies, Inc.
Think of what means: no safe water for cooking, bathing, or hand-washing, no reliable access to a toilet. If that makes you gag, consider that water quality in America has been systematically protected only in about the last 50 years, with the passage of the CleanWaterAct in 1972.
Legal Planet's Richard Frank posted today on the US CleanWaterAct's 50th birthday. More on the history of the CleanWaterAct here and here. But far more private enforcement actions are brought under the CWA than any other federal environmental statute.
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. In Sackett v. 2023) ( citing Rapanos v.
Navy in federal court in Maryland over violations of the CleanWaterAct. WASHINGTON, DC – Potomac Riverkeeper Network (PRKN) and NRDC (the Natural Resources Defense Council) filed a lawsuit today against the U.S.
Read More » Tags: CleanWaterAct , Consent Decree , Enforcement , Third Circuit , Wetlands This decision is a good reminder that Consent Decrees have a long shelf life and that private parties should negotiate carefully to ensure both its short-term and long-term interests are protected.
The lawsuit alleges that the EPA has violated the CleanWaterAct by failing to set limits on the amount of pollution that these industries can discharge into waterways. The post EPA Sued Over Unregulated Water Pollution appeared first on Environment + Energy Leader.
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. Three Rivers Waterkeeper is also concerned that U.S.
As an example of a statutory delegation of authority, the Court cites a provision in the CleanWaterAct, 33 U. would interfere with the attainment or maintenance of that water quality. which shall assure” various outcomes, such as the “protection of public health” and “public water supplies.”
The applicant is seeking a Federal authorization from the United States Army Corps of Engineers under section 404 of the Federal CleanWaterAct (33 U.S.C. 1344) to perform this work.
On December 4, a coalition of eleven states and three industry groups filed a legal challenge to US EPA’s new CleanWaterAct rule that modified the water quality certification process that states (and other authorized certifying authorities) use to determine if a project complies with applicable water quality standards.
The Department of Environmental Protection published notice in the January 18 PA Bulletin inviting comments on new and revised DEP Water Quality Assessment Methodology for listing and delisting impaired waters under the federal CleanWaterAct 2026 Integrated Water Quality Monitoring and Assessment Report.
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. So we can look forward to litigation over EPA’s new rule later this winter.
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.
For example, regulations under the Clean Air Act and the CleanWaterAct, which often rely on broad and ambiguous statutory mandates, are now vulnerable to unfavorable rulings at the hand of activist judges. This could hinder efforts to implement climate policies at the federal level.
At issue was the reach of the landmark, 51-year-old CleanWaterAct and how courts should determine what count as … Continue reading Supreme Court weakens EPA power to enforce CleanWaterAct
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 wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. EPA , 598 U.S.
Environmental Protection Agency (EPA) oversight under the CleanWaterAct. The EPA routinely conducts inspections focused on federal laws like Oil Pollution Act and CleanWaterAct compliance. … Continue reading The ultimate guide to CleanWaterAct compliance in 2024 (and beyond)
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 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.
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