Environmental News Bits

MARCH 7, 2024

Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution Act and Clean Water Act compliance. … Continue reading The ultimate guide to Clean Water Act compliance in 2024 (and beyond)

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Acoel

OCTOBER 24, 2022

On October 15 th a large mob engaged in a public and ritualistic violation of the Clean Water Act in Knoxville, Tennessee. There can be no doubt the mob’s actions violated the Clean Water Act. The post Will EPA Ignore a Flagrant Violation of the Clean Water Act? Home sweet home to me.

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Environment, Law, and History

OCTOBER 18, 2022

Legal Planet's Richard Frank posted today on the US Clean Water Act'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.

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Vermont Law

FEBRUARY 11, 2024

If proven, this would constitute violations of the federal Clean Water Act. _ Read more »The post Fighting Big Coal--Washington Judge Allows Novel Clean Water Act Citizens' Suit to Proceed appeared first on Vermont Journal of Environmental Law. By Kelly Nokes A Washington Federal District.

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Vorys Law

DECEMBER 18, 2023

On December 4, a coalition of eleven states and three industry groups filed a legal challenge to US EPA’s new Clean Water Act 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.

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Vorys Law

MAY 25, 2023

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 Clean Water Act. In Sackett v. 2023) ( citing Rapanos v.

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MGKF Law

JULY 27, 2024

The primary issue is whether the Clean Water Act (“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.

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Acoel

DECEMBER 27, 2023

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 Clean Water Act jurisdiction for over a decade.

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Environmental Law Reporter

MAY 2, 2022

Clean Water Act Status of U.S. Waters, 2022. Rachel Jean-Baptiste. Mon, 05/02/2022 - 08:45.

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MGKF Law

JANUARY 23, 2023

Read More » Tags: Clean Water Act , 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.

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Acoel

SEPTEMBER 15, 2023

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 Clean Water Act. What does EPA mean when it refers to the “pre-2015 regulatory regime?” 13 webinar on the revised WOTUS definition. “The

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Acoel

MARCH 22, 2023

Posted on March 22, 2023 by Jonathan Ettinger The scope of suits available to private citizens under the Clean Water Act is not unlimited. The post Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion appeared first on ACOEL.

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MGKF Law

FEBRUARY 22, 2021

18, 2021), denied a factory owner’s motion for summary judgment based on its holding that the Clean Water Act (“CWA”) and the Pennsylvania Clean Streams Law (“PCSL”) are not “roughly comparable” statutes. Keystone Protein Co. , 1:19-CV-01307, 2021 WL 632734, at *1 (M.D.

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E2 Law Blog

MAY 26, 2023

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.

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PA Environment Daily

JANUARY 11, 2023

The citizen suit cites Modern Landfill’s repeated violations of its water quality-based permit limits under the federal Clean Water Act, and unpermitted discharges of toxic per- and polyfluoroalkyl substances (PFAS). Modern Landfill continues to violate the Clean Water Act on a consistent basis.

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Environmental News Bits

OCTOBER 25, 2022

Sparked by the 1970s environmental movement, the Clean Water Act — which marks its 50th anniversary this month — transformed America’s polluted rivers. Read the full story at e360. The Delaware, once an industrial cesspool, is one of the success stories, but its urban stretches remain a work in progress.

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Acoel

AUGUST 19, 2021

The panel’s legal gymnastics to reach this conclusion could be the basis for an entire law school seminar. While this is true, the panel fails to mention that EPA has also told a District Court in the Ninth Circuit that the regulation should remain the law while EPA is doing its reconsidering. One thing seems certain.

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Environment, Law, and History

JANUARY 12, 2023

He also goes on to state that "The 1960s were also Congress’s first forays into issues like air and water pollution, wilderness protection, and the endangered species. " Even allowing for methodological nationalism and the focus on the unrepresentative Supreme Court, this is all rather strange.

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PA Environment Daily

DECEMBER 14, 2022

will pay a $230,000 penalty to settle alleged federal Clean Water Act 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.

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MGKF Law

AUGUST 30, 2022

In order to bring a citizen suit in federal district court under the Clean Water Act, 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).

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NRDC

MARCH 22, 2023

Environmental Protection Agency and Army Corps of Engineers need to use the full measure of their authority under the law to prevent wetland loss.

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MGKF Law

MAY 29, 2023

While the 9-0 decision was unanimous in judgment by holding that the Sacketts’ wetland was not subject to federal jurisdiction, the court was sharply divided as to the test to determine when an adjacent wetland qualifies as a Water of the United States (or “WOTUS”). United States, 547 U.S. 715, 754 (2006). See 88 Fed.

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NRDC

MARCH 22, 2023

Environmental Protection Agency and Army Corps of Engineers need to use the full measure of their authority under the law to prevent wetland loss.

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National Law Center

APRIL 27, 2023

Over the last month, there have been several developments in the litigation over implementation of the key Clean Water Act (“CWA”). The post WOTUS Update: 2023 Rule Enjoined in 27 States appeared first on National Agricultural Law Center.

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Acoel

OCTOBER 1, 2022

The Supreme Court is stepping once more into Clean Water Act “waters of the United States,” more popularly known as WOTUS. If you’re a Clean Water Act wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!” United States. 3d —, 2022 WL 952072, at *2 (D.

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National Law Center

DECEMBER 8, 2022

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.

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MGKF Law

JULY 11, 2021

On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. This Blog Post was authored by Omar Khodor, a summer associate. Deschutes River All. Portland Gen.

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Law and Environment

MAY 31, 2023

Justice Kavanaugh’s concurring opinion flagged other questions the Sackett majority’s test doesn’t necessarily answer: For example, how difficult does it have to be to discern the boundary between a water and a wetland for the wetland to be covered by the Clean Water Act? Doing the opposite can doom a project.

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Environmental News Bits

APRIL 12, 2023

The state’s median fine for companies caught violating the federal Clean Water Act is over US$30,000, and violators can be charged much more. … Continue reading Fines for breaking US pollution laws can vary widely among states – that may violate the Constitution

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Vorys Law

APRIL 25, 2021

Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021.

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National Law Center

NOVEMBER 18, 2021

In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020. The post Court Vacates CWA Section 401 Certification Rule appeared first on National Agricultural Law Center.

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Vermont Law

APRIL 19, 2019

Four non-profit environmental groups (Hawai‘i Wildlife Fund, Sierra Club-Maui Group, Surfrider Foundation, and West Maui Preservation Association) brought a suit against the County of Maui, alleging that the county violated the Clean Water Act (CWA) because they did not have a National Pollutant Discharge Elimination System (NPDES) permit.

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National Law Center

JANUARY 6, 2022

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.

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The Energy Law Blog

APRIL 28, 2020

where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions).

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Circle of Blue

MARCH 29, 2022

The report marks the 50 th anniversary of the Clean Water Act, a bedrock piece of environmental legislation. According to the report, the Clean Water Act has, thus far, failed to meet its goal of U.S. waters that are fishable and swimmable. The leak spilled 165,000 gallons of oil into waterways.

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Union of Concerned Scientists

JULY 1, 2024

This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.

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National Law Center

AUGUST 26, 2022

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. .

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