This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
NEPA remains the workhorse of naturalresource litigation today. Clean Air Act. CleanWaterAct. This law has done a good job at cleaning up municipal and industrial water pollution. This marked the beginning of a decade of legislative environmental legislation.
NaturalResources Defense Council, Inc., For example, regulations under the Clean Air Act and the CleanWaterAct, which often rely on broad and ambiguous statutory mandates, are now vulnerable to unfavorable rulings at the hand of activist judges. This deference allowed agencies (e.g.,
. -- DEP published notice in the January 18 PA Bulletin inviting comments on new and revised DEP Water Quality Assessment Methodology for listing and delisting impaired waters under the federal CleanWaterAct 2026 Integrated Water Quality Monitoring and Assessment Report. Monroe County. ( Montour County. (
WASHINGTON, DC – Potomac Riverkeeper Network (PRKN) and NRDC (the NaturalResources Defense Council) filed a lawsuit today against the U.S. Navy in federal court in Maryland over violations of the CleanWaterAct.
Pennsylvania conservationists are focused on restoring the health of small, local streams that are on the federal CleanWaterActs impaired waters list. They recognized and celebrated Pennsylvanias efforts to delist streams at a rapid pace.
Modeling by the NaturalResources Defense Council found that at least 60 percent of individual wetlands are left unprotected after the Supreme Court ruling.
Recently, a coalition of environmental groups brought suit against the EPA for their lack of CleanWaterAct (CWA) oversight surrounding CAFOs. Iowa Department of NaturalResources considered over half of Iowas lakes, reservoirs, rivers and streams impaired.
Wetlands support a number of valuable functions, including controlling floods, improving water quality, and providing wildlife habitat. To restore and maintain the integrity of these waters, discharge of fill and dredge material into waters of the U.S.
Supreme Court stripped federal oversight from millions of acres of wetlands long protected under the CleanWaterAct. Now, erecting safeguards to ensure those waters are not polluted, drained or filled in by developers falls to the states. Read the full story at Stateline. Earlier this year, the U.S.
The Corps’ definition of whether property constitutes “waters of the United States” is significant because the CleanWaterAct regulates the discharge of pollutants into “the waters of the United States.” The Corps has defined the waters of the United States very broadly, along the lines of the Commerce Clause.
If proven, this would constitute violations of the federal CleanWaterAct. _. Spokane Riverkeeper, and NaturalResources Defense Council––took big coal and the railroad to court. Fighting Big Coal––Washington Judge Allows Novel CleanWaterAct Citizens’ Suit to Proceed. By Kelly Nokes.
The conference serves as a forum that brings together community watershed organizations, municipal officials, educators, students, scientists, technical experts, naturalresource agency staff, industry representatives, and the public to discuss effective ways to improve and protect land and waterresources throughout the greater Lehigh Valley.
Early in my career, I was involved in a naturalresource damages case seeking to establish the monetary value of an impacted drinking water aquifer. An environmental economist took the stand for the defense and began to describe why the resource had little economic value. Posted on August 2, 2021 by Kevin R.
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).
The CleanWaterAct is a clunky instrument for addressing diffuse pollution. While previous efforts to give legal personhood to naturalresources have sprung up around the world, from Bangladesh to Bolivia, so-called “rights of nature” laws are few and far between in the U.S.,
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. Samuel Boden is an associate in the environment, land, and naturalresources group in the Harrisburg office.
The EPA and Army Corps of Engineers sent a revised version of the Waters of the U.S. Major rules like the definition of what waterways are protected by the CleanWaterAct are first sent to the Office of Management and Budget before they are released publicly. Rule to the White House for review, E&E News reports.
On April 25, four state agencies, legislators and two land conservancies celebrated portions of the Turtle Creek watershed in southeastern Union County being removed, or “delisted” from the federal CleanWaterAct impaired waters list. Gene Yaw (R-Lycoming), Sen. Scott Martin (R-Lancaster), the U.S.
Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the CleanWaterAct (CWA) such that certain wetlands are removed from federal jurisdiction. On September 8, 2023, EPA and the U.S. The final rule revises the agency regulations in light of the U.S.
By Amy Mall, NaturalResources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. oil and gas industry produced an estimated one trillion gallons of produced water in 2017. Rules to protect workers, including truck drivers, also have significant gaps.
On December 3, 2021, the Department of Justice published a notice in the Federal Register of a settlement between Federal and State Trustees and Kirby Inland Marine, LP (“Kirby”) to resolve naturalresource damages from a 2014 oil release. Kirby has been a cooperating responsible party and paid for removal costs.
You might recall that when the City and County filed their appeal in February I predicted that this case would be responsible for EPA’s, DOJ’s and the Ninth Circuit’s third consecutive CleanWaterAct defeat in our nation’s highest court. Maui on similar grounds.
A proposed EPA rule , which accepted public comment until March 6, “would require states to account for treaty rights, such as fishing and wild rice gathering, when adopting water quality standards under the CleanWaterAct,” according to Wisconsin Watch.
This led to the idea of removing 50,000 pounds of trash for the 50th anniversary of the CleanWaterAct in 2022. “We knew that this amount of trash would quickly fill the 30-yard dumpster we had,” she continued. Our Master Watershed Steward program would not be where it is today without Cindy,” Sulpizio added.
The plaintiffs in these cases also challenge the adequacy of the agencies’ assessments under NEPA and the ESA, as well as under the Outer Continental Shelf Lands Act, the CleanWaterAct, and the Marine Mammal Protection Act.
Visit the USDA PA NaturalResources Conservation Service webpage for more information on assistance available to farmers and landowners. The Chesapeake Conservancy and thirteen partners will work with NRCS to accelerate conservation improvements to work toward eventual delisting of the streams. Click Here for full announcement.
On October 12, USDA’s NaturalResources Conservation Service-PA announced nearly $300,000 has been awarded to four Conservation Innovation Grant (CIG) projects in Pennsylvania. The selected CIG projects in Pennsylvania for fiscal year 2022 include: -- Water Science Institute $75,000, Legacy Sediment 3.0:
In addition to Quadro, Michael Doucette, Department of Conservation and NaturalResources service forester for Westmoreland County, will speak at the workshop, which will be held from 8:30 a.m. until noon at the Westmoreland Conservation District, 218 Donohoe Road, Greensburg, and in the adjacent Ann Rudd Saxman Nature Park.
Army Corps of Engineers to Driftwood LNG – a liquefied natural gas (LNG) export terminal under construction near Lake Charles. 1] The petition was filed – and the suit will proceed – in the United States Court of Appeals for the Fifth Circuit, which has jurisdiction over such matters pursuant to The Natural Gas Act (15 U.S.C.
To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the CleanWaterAct as amended by the Energy Policy Act of 2005. See NaturalResources Defense Council v. CWA §402(l)(2). 3d 591 (9th Cir.
By Cindy Adams Dunn, Secretary of DCNR In 2018 at the Lancaster County farm for the kickoff of the Keystone 10 Million Trees Partnership , I remember thinking about what an ambitious challenge planting that many trees would be and how important reaching that goal is for clean rivers and streams in Pennsylvania.
When the deadline passed, environmental groups sued the EPA alleging that the EPA’s delay violated the CleanWaterAct. Although the deadline for doing so was December 4, 2020, these standards have not yet been finalized or implemented. The USCG will then have two years to develop and finalize corresponding regulations.
The judgment is the latest in a suit the EPA filed against CITGO under the CleanWaterAct for a 2006 spill at the oil company’s St. District Court Judge Richard Haik found CITGO negligent, and, based on the factors in the CleanWaterAct, imposed a $6 million civil penalty. Charles refinery. Year in Rev.
Summary: The Environmental and NaturalResources Law Clinic is constantly involved in cases that benefit our environment locally and beyond. Before joining the Environmental and NaturalResources Law Clinic (ENRLC) at Vermont Law School, I knew next to nothing about this resort.
The opinion finds that the district court correctly concluded that SLFPA-E’s state law tort claims raised federal issues insofar as each claim drew upon federal laws (the Rivers and Harbors Act and the CleanWaterAct) to ostensibly create the requisite standard of care forming the basis of the SLFPA-E’s negligence claim.
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.
The Wetland Conservation provisions of the Food Security Act of 1985, known colloquially as “Swampbuster,” introduced a new program to promote. The post When Wetlands Go Dry: Prior Converted Cropland under Swampbuster and the CWA appeared first on National Agricultural Law Center.
That filter costs money and naturalresource to replace or clean, so the more pollution there is, the higher the operating costs to keep you sucking clean air on that treadmill, which eventually finds its way to membership fees. Well, smarty-pants, that air sucked into those LA fitness vents is filtered.
Founded in 1994 and based in Laguna Beach, California, EI’s team of biologists, wetland scientists, archeologists and GIS specialists provide comprehensive naturalresource consulting and regulatory compliance services and comprehensive environmental management programs for large-scale projects.
In March of 2014, the EPA and the Army Corps of Engineers issued an “interpretive rule” regarding section 404 of the CleanWaterAct, circumventing a notice and comment period. Under the Administrative Procedure Act (APA), “interpretive rules” are merely advisory and do not carry the force of law. Summary. : Conclusion.
to Gettysburg and Appomattox, the Chesapeake Bay watershed not only witnessed the birth of a new nation, but also contributed many valuable naturalresources that enabled the United States to grow rapidly. And, well before the first English settled in, Native Americans survived on the Bay’s naturalresources.
The Great Lakes are a vast naturalresource, therefore it is imperative that fracking’s impacts to the watersheds feeding the Great Lakes, such as the Grand Traverse Bay watershed, be considered. a withdrawal undertaken as part of an oil and gas activity are exempt withdrawals unless they result in a diversion.
EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year conflict between the U.S. Army Corp of Engineers (“USACE”) and a Louisiana landowner over the agency’s CleanWaterAct (“CWA”) jurisdiction over the subject property. In Lewis v. United States , Case No.
Natural gas pipelines have historically been governed by federal law since the passing of the Natural Gas Act of 1938. However, such a line still requires state Water Quality Certification under the CleanWaterAct § 401. The Constitution Pipeline was granted federal permits.
We organize all of the trending information in your field so you don't have to. Join 12,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content