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This is why the Bipartisan Infrastructure Law’s historic investments provided a long overdue federal commitment to improving and protecting water quality (and why current threats to it and the agencies like EPA administering funds are so misguided). Upgrading infrastructure is expensive! San Francisco City and County v.
Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the Clean Air Act, the CleanWaterAct, and more? One possibility is that NEPA serves as a back-stop for other environmental laws, filling in gaps they do not cover.
Supreme Court Narrowly Construes Permitting Program Under the CleanWaterAct, Limiting EPAs Authority By Stuart Silverman On March 4, 2025, in City and County of San Francisco v. Those requirements were contrary to the effluent limitations approach mandated by Congress when it enacted the Act. California ex rel.
A new Sabin Center report explores the laws governing seaweed cultivation and sinking for CDR in Alaska. Seaweed naturally converts dissolved carbon dioxide in ocean water into organic carbon through photosynthesis. Seaweed cultivation and sinking are regulated by a number of different laws at the state and federal levels.
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.
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.
Additionally, the Supreme Court found that when considering whether an agency’s NEPA report complies with the law, reviewing courts should grant “substantial deference” to the agency. National Environmental Policy Act NEPA was signed into law on January 1, 1970.
Railroading State Environmental Law: The Surface Transportation Board Preempts All By Benjamin Albertson The Surface Transportation Board (“STB”) has exclusive authority over railroads in the United States and has since the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”).
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.
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.,
In a 5-4 decision, the Court curtailed the Environmental Protection Agencys (EPA) authority under the CleanWaterAct (CWA) to issue pollutant discharge permits. The case involved a wastewater treatment facility that discharged treated water into San Francisco Bay under a CWA permit issued by EPA.
This year marks my 50 th year practicing environmental law. In 1967, I graduated from Brandeis University and worked that summer in Edison, NJ as an analytical chemist for one of EPAs predecessorsthe Federal Water Pollution Control Administration, not appreciating any potential relevance to my future profession.
The “small handle” doctrine applies when the federal project is considering a permit for a small portion of a much larger non-federal action for instance, a CleanWaterAct permit required to authorize the crossing of a mile or two of waterways out of a pipeline project that is hundreds of miles long.
Environmental & Energy Law Section [PaEN] -- Ridge-Schweiker: DEP Secretary James M. Sign Off DER [PaEN] -- Guest Essay: Before The Federal CleanWaterAct, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburghs 3 Rivers - By James M. Seif: The Assignment Was Clear - Take The Kick Me!
The Environmental Protection Agency created the term “Concentrated Animal Feeding Operation”, (CAFO) as part of a regulatory scheme for enforcing the CleanWaterAct. Americans’ continued reliance on CAFOs perpetuates injustice and cruelty, subject to little regulatory oversight. came from animals confined in CAFOs.
Lastly, the administration has prioritized funding the nations water infrastructure through the Bipartisan Infrastructure Law (BIL). Of the funds allocated by the BIL, $9 billion are dedicated to assisting communities and water systems impacted by PFAS and other emerging contaminants.
One key question relates to federal preemption and state authority, namely do federal laws preempt state regulation, and, if not, to what extent can states regulate OAE activities? Instead, it is regulated under general environmental laws that were enacted several decades ago to address problems, such as air and water pollution.
The National Agricultural Law Center compiles and publishes a quarterly newsletter highlighting recent and upcoming events and resources. The newsletter for.
However, the court disagreed, concluding that Swampbuster is a valid exercise of Congress’s spending power and that the law should be upheld. Share: Recent Posts Federal Court Finds Swampbuster Constitutional NALC news release: National Ag Law Center webinar to examine U.S. 5 U.S.C. §
Water markets are transforming how Western states manage one of their most vital — and limited — resources, and an upcoming webinar will examine the legal and policy framework behind these systems. Registration is available at no cost on the NALC website at nationalaglawcenter.org/webinars/western-water-markets.
In December, EPA is slated to issue a “biennial review” under the CleanWaterAct that specifies which chemicals in biosolids should be labeled toxic pollutants and prioritized for regulation. In the meantime, the waning Biden Administration has one last opportunity to move PFAS policy forward.
The “narrative standard” establishes the equations to be used in calculating the concentration of a toxic water pollutant that would protect human health; an EMC rule setting the water quality standard for an individual toxic pollutant reflects the number that results from those same equations.
We adhere to EPAs long-held core principles that the agency should be apolitical, professional, transparent, and dedicated to following the law and science. Actions that diminish EPAs capabilities will place at risk the quality of the air our children breathe, the water we all drink, and the waterways we swim, fish and play in.
The law authorized specifically two categories of response actions by the government: short-term removals to address a prompt release of a hazardous substance; and long-term response actions to permanently reduce releases of hazardous substances, pollutants, or contaminants. Navy stemming from a toxic waste and ammunition disposal site.
Posted in Circular economy , Corporate sustainability , Plastics Post navigation Previous Previous post: Scouting for Clean Waterways launches nationwide effort to fight plastic pollution Next Next post: WOTUS: A narrowing EPA definition is reshaping the CleanWaterAct Leave a comment Cancel reply This site uses Akismet to reduce spam.
State Management in Question Frank fears that the EPA’s new attitude toward coal ash may incentivize states like Indiana to deregulate as much as possible in hopes of attracting energy investment in a manner reminiscent of the environmental “race to the bottom” of the postwar period that led to the CleanWaterAct in 1972.
A nuclear plant would require permitting from the Nuclear Regulatory Commission and would also require a CleanWaterAct permit for taking cooling water from a stream or lake, and separate permitting for discharging used cooling water due to impurities in the used water.
Led by new public concern about the consequences of industrialization, landmark environmental legislation in the 1970s steadily assured protections for air, water, and wildlands. The Trump administration has taken steps to systematically undermine the Endangered Species Act and our nation’s bedrock environmental laws,” Townsend laments.
The Ag & Food Law Update > Search Site Navigation About the Center Professional Staff Partners Research by Topic Center Publications Webinar Series State Compilations Farm Bill Resources Ag Law Bibliography Ag Law Glossary Ag Law Reporter General Resources 24 Jul The Feed: Vol. 3, Issue 14, from July 24, 2025.
The statutes that form the foundation of the program, like the 1972 CleanWaterAct, dont seek to close polluting plants. The 1970 Clean Air Act led to restrictions on lead, particulates, and nitrogen from tailpipes that cleared the air of smog and led to much better vehicles.
laws, including: the Clean Air Act; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) also known as Superfund; the CleanWaterAct; the Resource Conservation and Recovery Act (RCRA); the Toxic Substances Control Act (TSCA); and the Safe Water Drinking Act.
Tioga County [PaEN] -- The Allegheny Front - Reid Frazier: Commonwealth Court Rules Elizabeth Twp., In Allegheny County Violated Its Own Zoning Ordinance To Allow Shale Gas Well Pad, Pipeline To Be Built In A Residential Area -- Environmental Hearing Board Denies Request To End Appeal Of Catalyst Energy, Inc.
To Adopt More Stringent Rules For Oil & Gas Wastewater Injection Wells In Westmoreland County -- Observer-Reporter: EQT Shale Gas Driller Sues Morgan Twp.,
Unlike regulatory statutes like the Clean Air Act or CleanWaterAct, the benefits of NEPA (if any) are more diffuse and indirect, since NEPA does not impose any substantive environmental standards on federal projects.
The new law includes several provisions typically associated with the Farm Bill, the omnibus spending bill that governs various agricultural and food programs in the United States. In 2022, Congress passed, and President Biden signed the Inflation Reduction Act (“IRA”). Share: Recent Posts The Feed: Vol.
Other important environmental laws also have anti-backsliding provisions. Under section 172 of the Clean Air Act, relaxing a national air quality standard provides limited benefits for industry. The CleanWaterAct contains two anti-backsliding provisions. The major one is in section 401. Download as PDF
The Ag & Food Law Update > Search Site Navigation About the Center Professional Staff Partners Research by Topic Center Publications Webinar Series State Compilations Farm Bill Resources Ag Law Bibliography Ag Law Glossary Ag Law Reporter General Resources 10 Jul The Feed: Vol. 3, Issue 12, from July 10, 2025.
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.
These actions include finalizing the nations first drinking water standards for PFAS, holding polluters accountable to clean up PFAS across the country and declaring PFOA and PFOS hazardous substances under the Superfund law.
Yesterday I had some time to reflect on where we are regarding Democracy, the Rule of Law, climate change, and the environment, and where we might be going. In 1968 I was a first-year law student at the University of Florida in Gainesville. In 1971 the Clean Air Act was passed and Nixon signed it.
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