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18 Oct 2016, 10:00 pm
However, under the regulatory structures of the CAA and CWA as previously discussed, it is arguable that when there is a new source of pollution that requires "best available control technology,"there is an expectation that such technology will be used, regardless of potential licensing costs as cost-benefit analysis is impermissible per the statute in selecting such technologies. [read post]
13 Oct 2016, 10:00 pm
We can imagine a situation where a new emission reduction device is developed to meet the requirements of the CAA and CWA as previously discussed. [read post]
2 Oct 2016, 10:00 pm
Provisions contained within the CAA and CWA are considered to be technology based and have arguably helped drive innovation. [read post]
16 Sep 2016, 12:49 pm
In April of 2016, the drainage districts filed a motion for partial summary judgment on the claims filed under the CWA (and companion Iowa law). [read post]
14 Sep 2016, 10:51 pm
In this litigation, the Tribe asserts that the Corps has violated the consultation provisions of Section 106 of the NHPA, and not the CWA. [read post]
14 Sep 2016, 10:51 pm
In this litigation, the Tribe asserts that the Corps has violated the consultation provisions of Section 106 of the NHPA, and not the CWA. [read post]
22 Aug 2016, 12:08 pm
2016 has been a tough year for Section 230 jurisprudence, and the nadir (so far) was the appellate court ruling in Hassell v. [read post]
10 Aug 2016, 2:00 am
At the outset, however, the Court of Appeals considered, and rejected, the arguments the states made that the Court of Appeals was without jurisdiction to review these petitions, particularly concerning those state actions assessing the water quality impacts of this pipeline expansion under Section 401 of the Clean Water Act (CWA). [read post]
3 Aug 2016, 12:00 am
In accordance with the CWA, FDEP proposed rules that impose limits on 39 chemicals which are currently without standards. [read post]
21 Jul 2016, 9:30 pm
., argued that the EPA acted unreasonably by failing to properly consider Mingo Logan’s reliance on the initial permit and failing to explain why the environmental impact of the project was harmful enough to justify revocation, but the court explained that the EPA enjoys “broad veto authority” under the Clean Water Act (CWA) and held that the agency had “considered the relevant factors and adequately explained its decision. [read post]
20 Jul 2016, 12:00 am
For the Clean Water Act (CWA), the EPA’s $25,000 maximum per-day per-violation civil penalty level in judicial enforcement proceedings under 33 U.S.C. 1319(d) is now adjusted to $52,570. [read post]
19 Jul 2016, 7:20 pm
EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water Act (CWA) and Administrative Procedures Act (APA) when it vetoed a 404 dredge and fill permit Mingo Logan Coal Co. received from the U.S. [read post]
20 Jun 2016, 4:27 pm
The proposed wetland definition is similar, but not identical, to the federal definition in the CWA. [read post]
20 Jun 2016, 4:27 pm
The proposed wetland definition is similar, but not identical, to the federal definition in the CWA. [read post]
2 Jun 2016, 2:00 am
If there is a question about the applicability of the CWA to a project, the of Corps of Engineers will determine, on its own initiative or following a request for a determination by the project sponsor, whether or not the project is subject to the CWA. [read post]
31 May 2016, 9:52 am
And, according to the Corps, if a landowner is later found to have violated the CWA, the prior existence of a JD does not expose the landowner to additional penalties. [read post]
31 May 2016, 8:33 am
[SCOTUSblog materials] that the Corps' determination that a property contains waters protected by the Clean Water Act (CWA) [text] constitutes a "final agency action" reviewable under the Administrative Procedure Act [text, PDF]. [read post]
26 May 2016, 11:25 am
U.S. [read post]
26 May 2016, 11:25 am
U.S. [read post]
25 May 2016, 11:25 am
From the EPA: Summary Section 518 of the Clean Water Act (CWA) authorizes EPA to treat eligible Indian tribes with reservations in a similar manner to states (TAS) for a variety of purposes, including administering each of the principal CWA regulatory programs and receiving grants under several CWA authorities. [read post]
