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On Friday, October 7th, the California Environmental Law & Policy Center at U.C. Davis School of Law will convene a major, day-long conference to commemorate the 50th anniversary of the federal CleanWaterAct. Davis School of Law. The event will assess the progress the U.S. Hall, the U.C. The post U.C.
Welcome to “What’s Up With Water,” your need-to-know news of the world’s water from Circle of Blue. In Thailand, the government cancelled a dredging and blasting project that would have straightened a rocky stretch of the Mekong River to accommodate large cargo ships. waters that are fishable and swimmable. Transcript.
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. Drinking water specifically received some protections when the Safe Drinking WaterAct was signed into law in 1974.
When the a law is focused on one impact of coal, attempts to take into account other harms can get mired in controversies about considering “co-benefits” and direct versus indirect or cumulative impacts. The existence of these laws is a testament to the environmental harms of the activity. Combustion of fuels is an even bigger problem.
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. In addition to government enforcement proceedings, the threat of a citizen suit cannot be overlooked.
If governments bypass or undermine science and public comments in policy making, our health could be in jeopardy from increased pollution, cases of foodborne illnesses, politically-driven medicine approvals or disapprovals, and more. This is a major federal law that governs if a chemical will be regulated, limited, or even banned.
Another 50th anniversary: Legal Planet reports that the California Environmental Law & Policy Center at U.C. Davis School of Law will convene a conference to commemorate the 50th anniversary of the federal CleanWaterAct on Friday, October 7th. Davis School of Law. Advance registration is required.
Ongoing Battle to Keep Toxic Chemicals at Bay Outdated federal waterlaws and chemicals that were approved for industry without assessing for risk leave Ann Arbor and other communities struggling to ward off water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. In the case of PFAS alone, a U.S.
Legal Planet's Richard Frank posted today on the US CleanWaterAct's 50th birthday. Nevertheless, and with the possible exception of the Clean Air Act, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA.
It also adopted the Scalia plurality’s interpretation of covered “wetlands adjacent” to traditional navigable waters under CWA § 1344(g)(1), which governs federal permitting for discharges of dredged or fill material, as wetlands that are “as a practical matter indistinguishable from waters of the United States.”
At a high level, liability rules hold actors responsible when they breach a law or legal duty in a way that harms other people or the public at large. federal laws impose permit and other requirements applicable to marine CDR projects. federal laws impose permit and other requirements applicable to marine CDR projects.
However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the Clean Air Act, the CleanWaterAct, the Safe Drinking WaterAct), as a result, EPA programs are often implemented narrowly, not holistically.
Our new report analyzes the potentially applicable laws and explains the permitting and other requirements they impose on OAE projects in Washington State. Federal laws that cover OAE in Washington State Coastal states in the U.S. typically have primary authority over near-shore ocean waters and the underlying submerged land (i.e.,
“It really does come down to the fact that poor people, that have the least ability to pay, are the ones who are forced to come up with the dollars to upgrade their infrastructure, but the problem is coming from external forces,” says Nick Schroeck, the former director of the Great Lakes Environmental Law Center. The victory was short-lived.
It was only once that shift was made that we could begin to think of contaminated rivers, smog, and clearcutting as part of the same body of law. In other words, it was only then that we could in terms of “environmental law” rather than distinct bodies of rules governing a scattering of different situations.
The Supreme Court heard oral argument today in the Sackett case, in which the Sacketts are hoping that SCOTUS will finally issue a clear decision narrowing the scope of jurisdiction under the CleanWaterAct. Here’s hoping that the Court rules for the Government without reaching the question of the proper scope of WOTUS.
Los Angeles is a leader in using the federal CleanWaterAct tool of Total Maximum Daily Loads (TMDLs) to mitigate a major contributing source of marine trash: urban stormwater. the environmental law and policy blog of UCLA Law School and UC Berkeley Law School. . CleanWaterAct. ,
It’s an expert, hours-long guided excursion across Lenawee County during which Taylor explains the cross-cutting complexities, underperforming government programs, ineffective conservation investments, and cascading ecological and health threats from liquid manure that aren’t visible but exist everywhere across her region’s bucolic landscape.
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. at (slip op.
Supreme Court will hear a case that may narrow the scope of a landmark environmental law. In an attempt to alleviate decades worth of environmental harms, the Finnish government has begun efforts to restore parts of the country’s forests and waterways, the Guardian reports. 139 CONCEALED DEATHS. On Monday, the U.S.
It also raised an important issue about the role of state government in approving federal projects and licenses. Under the CleanWaterAct, dam owners need to get certifications from state authorities that the dam will not harm water quality. States can approve, disapprove, or approve with conditions.
By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the CleanWaterAct (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration.
The state permits provide the basis for the CleanWaterAct 401 certification given to the project. Over the years the scales have been tipped more and more in favor of the pipelines and the federal government.
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.
The Environmental Protection Agency created the term “Concentrated Animal Feeding Operation”, (CAFO) as part of a regulatory scheme for enforcing the CleanWaterAct. Despite the tremendous harm that CAFOs do, the federal government does not effectively regulate methane emissions from CAFOs.
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. Historically, states had the primary responsibility for protecting state waters from pollution.
million in Abandoned Mine Land Economic Revitalization Program Projects Eligible applicants include county or municipal governments; county conservation districts; councils of government; municipal authorities; and nonprofit organizations. The deadline for applications is January 13.
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.”
Tad's practice focuses on the environmental aspects of project development, transactional, litigation, and government enforcement matters (both civil and criminal). Tad Macfarlan is an experienced environmental and land use lawyer and a partner in the firm's global Environment, Land, and Natural Resources practice group.
In the United States, we have laws that regulate pollution and emissions from manufacturing through the CleanWaterAct. The federal government is currently working on legislation as well. Legislation, called the Plastic Pellet Free WatersAct (S.1507), Nurdle pollution is NOT regulated.
Camera Bartolotta (R-Washington) introduced Senate Bill 1216 to eliminate the ability of citizens, local governments and anyone else to appeal permits issued by DEP for natural gas pipelines and related facilities to the Environmental Hearing Board. Note: On May 29, on behalf of the shale gas industry, Sen. Read more here.
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. “
Camera Bartolotta (R-Washington) circulated a cosponsor memo announcing she plans to introduce legislation to eliminate the ability of citizens, local governments and anyone else to appeal permits issued by DEP for natural gas pipelines and related facilities to the Environmental Hearing Board. On May 16, Sen. of Bordentown v. F.E.R.C. ,
Bedrock federal environmental, health, and safety laws have gaping loopholes and exemptions that allow radioactive oil and gas materials to go virtually unregulated, including the Resource Conservation and Recovery Act that governs waste management, the Atomic Energy Act, the CleanWaterAct, the Safe Drinking WaterAct, and the Clean Air Act.
The practice take-away is that settlement documents that do not expressly recite that the government’s CERCLA claims are resolved may not trigger contribution rights. Guam’s CleanWaterAct consent decree may be a less common set of facts than state law settlements with state enforcement agencies. 9607, 9613.
The Court’s embrace of the ill-defined “ major questions doctrine ” as the rationale for refusing to give any deference to EPA’s admittedly “plausible” interpretation of section 111 d of the Clean Air Act has raised the specter of the Court’s conservative majority taking a sharp axe to any number of environmental regulations.
Addressing these issues will be at the forefront for various government entities in 2024. Addressing the challenges that forever chemicals pose will require additional funding to employ the necessary technology and water infrastructure designed specifically for this purpose. Sackett Ruling Impact on Florida – The U.S.
In the area of State Water Resources Control Board (“SWRCB” or the “State Board”) water quality certifications (“WQCs”) under the Federal CleanWaterAct (“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.
PIRG Education Fund, assigned letter grades to states based on their policies to limit lead contamination in school drinking water. Twenty-seven states — including Michigan, Ohio, and Wisconsin, all of which had no laws or regulations at all — received an ‘F’ grade. Minnesota, Illinois, and Indiana were given ‘D’ grades.
So, it came as somewhat of a surprise that last year our legislature saw a need for, and our Governor signed as law, “an Act Promoting Awareness of Sewage Pollution in Public Waters.” But advocates for the law pushed back and MassDEP’s final notification rules make no distinction between blended wastewater and other discharges.
Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the CleanWaterAct (“CWA”)? A citizen suit seeking other forms of relief, i.e. injunctive or declaratory, however, could proceed notwithstanding the government’s action.
This post covers the most significant legislation affecting state water quality protections: AQUACULTURE PERMITTING Replace the existing NPDES General Permit for aquaculture operations. The CleanWaterAct requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.
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).
“Every Pennsylvanian has a constitutional right to clean air and pure water, and my Administration is driving out hundreds of millions of dollars to our local communities to support that goal and ensure the water is safe when families turn on the faucet,” said Gov. Josh Shapiro. The largest project funded is a $62.6
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