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In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. I included all laws passed in the U.S., not just federal regulatory laws, and some of my selections may not be what you expected.
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.
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.
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.
(i) with respect to which the Administrator or the Secretary has commenced and is diligently prosecuting an action under this subsection, (ii) with respect to which a State has commenced and is diligently prosecuting an action under a State law comparable to this subsection, or. I very much sympathize with those who dislike the decision.
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.
The Sabin Center has previously discussed the regulation of OAE here and here. A new Sabin Center report continues the conversation by focusing on the regulation of OAE in Washington State. Washington States waters Washington State has a rich marine ecosystem, and a vibrant commercial and recreational shellfish industry.
In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. The post New Law Changes Wetland Regulation in the State of Indiana appeared first on National Agricultural Law Center. Senate Bill 389 (“SB.
Our system of environmental regulation divides up regulation of a single substance based on each of its environmental impacts. That muddies the waters when we are talking about regulatory priorities, strategies, and long-term goals. The existence of these laws is a testament to the environmental harms of the activity.
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.
When facilities emit less pollution, their regulations require less specific record-keeping and monitoring. How stringently facilities are monitored should be based on science and on the impacts on the people who live nearby—not by a judge’s ideological viewpoint on regulation.
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.
If a regulation was upheld in the Chevron era, that decision remains valid statutory precedent. 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. ” Step 1.
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.
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.
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 CleanWaterAct? Doing the opposite can doom a project.
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.
The post Plaintiffs Claim Cranberry Bog Not Exempt from CWA Regulation appeared first on National Agricultural Law Center. On February 28, 2024, the Corte Oreilles Lakes Association together with the Lac Courte Oreilles Band of the Lake Superior Chippewa.
Christian Thorsberg, Interim Fresh Editor This Week’s Watersheds A new law in Wisconsin will fund more sustainable, watershed friendly farming methods. million homes over the next decade in Ontario, also changes environmental protections and regulations required for development plans. Find all the work here.
It was a big step towards providing adequate health protections, but Environmental regulations need to look at people, not just pollutants—and the way to get there is by assessing cumulative impacts. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e.
Recently, a coalition of environmental groups brought suit against the EPA for their lack of CleanWaterAct (CWA) oversight surrounding CAFOs. The lax state regulations allow CAFOs to dump phosphorus into waterways, resulting in water quality issues such as cyanobacteria blooms in Lake Champlain.
A new NRDC report describes these risks and how weak regulations fail to appropriately protect workers and communities. Despite the clear health risks, there are no dedicated federal regulations to ensure comprehensive and safer management of radioactive oil and gas materials. What does this mean for workers and communities?
Then, the agencies manage to persuade SCOTUS in review of the rule itself that the rule is largely consistent with how WOTUS has been interpreted for more than 40 years, with some minor tweaks to address additional scientific understanding and to provide additional certainty to the regulated community. Now, or soon, it will be up to SCOTUS.
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 Corps’ definition of whether property constitutes “waters of the United States” is significant because the CleanWaterActregulates the discharge of pollutants into “the waters of the United States.” Furthermore, section 404 permits under the CleanWaterAct are very expensive.
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.
Posted on March 22, 2023 by Jonathan Ettinger The scope of suits available to private citizens under the CleanWaterAct is not unlimited. The Court ruled, on an issue of first impression, that only EPA and not private citizens can seek redress for alleged deficiencies in the way a POTW enforces its pretreatment regulations.
Here is the primary section subject to challenge: Discharge shall not cause or contribute to a violation of any applicable water quality standard for receiving waters adopted by the Regional Water Board, State Water Resources Control Board (State Water Board), or U.S. first appeared on Law and the Environment.
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.
“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.
The panel’s legal gymnastics to reach this conclusion could be the basis for an entire law school seminar. The panel summarily dispenses with the intervening EPA regulation in a footnote indicating that it is not controlling because EPA has said it intends to reconsider it. One thing seems certain.
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. ,
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)
The CleanWaterAct – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The Clean Air Act – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time. ESA – Basically the same.
The MSGP is a general permit that regulates stormwater discharges from various industrial facilities. On Friday, Dec. 13, 2024, the Environmental Protection Agency (EPA) released a proposed draft 2026 Multi-Sector General Permit for Industrial Stormwater Discharges (MSGP).
In order to bring a citizen suit in federal district court under the CleanWaterAct, 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).
On May 16, 2024, the Colorado State Legislature passed House Bill 1379, a state law intended to regulate the discharge of. The post Colorado Legislature Passes Wetlands Permitting Bill appeared first on National Agricultural Law Center.
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. Then, the D.C.
The two professors, David Nixon and John Zavodni, were not merely interested in the bounty provision of the law (a common feature of legislation in the late 19th century,) but they wanted to make a point: the rivers were a dump. But if Justice declined to act, the two intrepid canoers were positioned to make a political statement as well.
On September 12, 2018, the United States Court of Appeals for the Fourth Circuit issued a judgment that added another untenable wrinkle in the fabric of groundwater pollution regulation. At first blush, groundwater appears distinct from the federally regulated category of navigable waters. Sierra Club v.
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 CleanWaterAct. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions).
Supreme Court has issued a decision significantly limiting federal CleanWaterActregulation of wetlands just as the N.C. General Assembly has been moving legislation to limit state water quality protection for wetlands. Army Corps of Engineers (Corps) share responsibility for implementing the CleanWaterAct.
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