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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.
State Regulation At the state level, there are three Alaska state agencies that jointly administer the statewide mariculture program: (1) the Alaskan Department of NaturalResources (ADNR), (2) the Alaskan Department of Fish and Game (ADF&G), and (3) the Alaskan Department of Environmental Conservation (ADEC).
The Michigan Constitution, ratified in 1963, states that “ the naturalresources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people. The statute outlaws conduct that is “likely to pollute, impair, or destroy” naturalresources and the environment.
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.
In the previous three years, Congress had passed NEPA, the Clean Air Act, and the CleanWaterAct. Continuing the legislative wave, 1973 saw the passage of the Endangered Species Act (ESA. The case is one of dozens titled NaturalResource Defense Council v.
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).
“Unfortunately, polluters may not know where downstream drinking water intakes are located, and are not in a position to determine if their pollution event is a threat. Finally, HB 1842 would likely cost DEP’s federally delegated authority to implement the federal CleanWaterAct.
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.,
million from the state Department of NaturalResources. Ohio residents, fearing their drinking water will be contaminated by increasing amounts of fracking waste, are standing up to oil companies and injection-well owners. In the News FISH STICKS: The Michigan Department of NaturalResources approved $1.7
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.
The central takeaway of this book is that though Democrats controlled Congress throughout these years, “all environmental laws passed from 1964 to 1976 commanded huge bipartisan support” (p.
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.
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.
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.
“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public naturalresources are the common property of all the people, including generations yet to come. Ohio- $3.20
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.
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.
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.
Small, Chesapeake Bay Foundation-PA When the federal CleanWaterAct was established 50 years ago to regulate pollution to the country's rivers and streams and set quality standards for surface waters, the Commonwealth of Pennsylvania already had a Clean Streams Law and an Environmental Rights Amendment (ERA) to its Constitution on the books.
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.
Pipeline construction often requires a CleanWaterAct Sec. 404 permit (for deposition of fill material in rivers, streams and other waters) from the U.S. the Division of WaterResources may be requested to issue a state water quality certification for the project. 404 of the CleanWaterAct. .
. -- Environmental Accountability: Josh will also be an environmental champion who will protect the water we drink and the air we breathe, and not be afraid to hold polluters accountable.
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.
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