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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National Law Center

JULY 15, 2021

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.

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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 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.

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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. at __ (slip op.

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National Law Center

MARCH 14, 2024

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.

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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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Acoel

AUGUST 19, 2021

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.

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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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MGKF Law

MAY 29, 2023

Read More » Tags: Clean Water Act , Decisions of Note , EPA , Major Questions Doctrine , Navigability , Ninth Circuit , Rapanos , Supreme Court , United States Supreme Court , Wetlands See 88 Fed.

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Union of Concerned Scientists

JULY 9, 2024

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.

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PA Environment Daily

NOVEMBER 11, 2024

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 Clean Water Act violations of Pennsylvania’s Clean Streams Law.

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National Law Center

OCTOBER 7, 2021

The post Biden Administration Begins Review of Environmental Regulations appeared first on National Agricultural Law Center. When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review.

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Legal Planet

NOVEMBER 15, 2021

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.

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The Energy Law Blog

JUNE 1, 2016

The Corps’ definition of whether property constitutes “waters of the United States” is significant because the Clean Water Act regulates the discharge of pollutants into “the waters of the United States.” Furthermore, section 404 permits under the Clean Water Act are very expensive.

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Circle of Blue

FEBRUARY 15, 2023

Ongoing Battle to Keep Toxic Chemicals at Bay Outdated federal water laws 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.

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Union of Concerned Scientists

SEPTEMBER 30, 2024

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.

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Legal Planet

JULY 2, 2024

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 Clean Water Act, 33 U. would interfere with the attainment or maintenance of that water quality. ” Step 1.

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Environmental Law Prof Blog

MAY 26, 2023

Yesterday was a bad day for people who care about water quality. The Supreme Court’s Sackett opinion gutted traditional Clean Water Act jurisdictional standards. Others have appropriately shredded the decision (examples here and here), and I’ve previously critiqued the shoddy.

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Vermont Law

MARCH 30, 2020

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.

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Law and Environment

JANUARY 4, 2023

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.

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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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Union of Concerned Scientists

MAY 2, 2023

Robert Bullard, “environmental justice embraces the principle that all people and communities have a right to equal protection and equal enforcement of environmental laws and regulations.”

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Legal Planet

JANUARY 10, 2023

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.

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Law and Environment

AUGUST 2, 2023

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.

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PA Environment Daily

JULY 27, 2021

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?

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PA Environment Daily

OCTOBER 28, 2024

Fish and Wildlife Service regulations implementing the federal Endangered Species Act, evolving protections for the tricolored bat and northern long-eared bat, and potential policy implications of the 2024 election. Click Here to register and for more information.

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PA Environment Daily

OCTOBER 10, 2022

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.

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Smith Enviorment

OCTOBER 30, 2023

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. See State Law: Removing Wetlands from “Waters of the State”.) Farm Act (Senate Bill 582/ Session Law 2023-63). Army Corps of Engineers defining Clean Water Act jurisdiction over streams and wetlands.

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Vermont Law

JANUARY 26, 2015

Los Angeles is a leader in using the federal Clean Water Act 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. . Clean Water Act. ,

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National Law Center

MAY 28, 2024

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.

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Smith Enviorment

JUNE 7, 2023

Supreme Court has issued a decision significantly limiting federal Clean Water Act regulation 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 Clean Water Act.

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Law and Environment

NOVEMBER 30, 2022

The Clean Water Act – 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.

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E2 Law Blog

FEBRUARY 6, 2024

Polyfluoroalkyl Substances (PFAS) – Uncertainty persists regarding federal and potential state efforts to regulate PFAS and other “forever chemicals.” Addressing the challenges that forever chemicals pose will require additional funding to employ the necessary technology and water infrastructure designed specifically for this purpose.

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Vermont Law

NOVEMBER 26, 2019

The litigation uncovered internal company records showing that DuPont knew of PFOA’s significant health risks but withheld the information from regulators and the public. Comprehensive Environmental Response, Compensation, and Liability Act. Toxic Substances Control Act. National Defense Authorization Act. two decades.

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PA Environment Daily

JUNE 6, 2023

The state permits provide the basis for the Clean Water Act 401 certification given to the project. This victory is one small step of respect for the people of Pennsylvania, the rule of law and the rights of communities nationwide. In Pennsylvania, the Project includes 22.2

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Ocean Conservancy

AUGUST 10, 2023

Nurdle pollution is NOT regulated. In the United States, we have laws that regulate pollution and emissions from manufacturing through the Clean Water Act. But nurdles are not included in these regulations since they aren’t yet classified as pollutants.

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SPR Law

MARCH 13, 2023

On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the Clean Water Act (CWA or the Act).

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