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23 Mar 2012, 1:27 pm by David Wagner
However, the language in Sackett can arguably be read very broadly and is not limited just to the CWA. [read post]
22 Mar 2012, 7:40 pm
This is a small, yet significant, victory guaranteeing a modicum of procedural protection for those subject to regulation under the CWA. [read post]
22 Mar 2012, 4:36 pm by Colin O'Keefe
Brown Claims the Unicorn Ate His Homework – Jackson, Mississippi lawyer Philip Thomas on the blog Mississippi Litigation Review and Commentary US Supreme Court Gives Property Owners Right to Obtain Pre-Enforcement Judicial Review of EPA CWA Compliance Orders – Warrington, Pennsylvania lawyer Joel Bolstein of Fox Rothschild on the firm’s blog, PA Brownfields & Environmental Law Destiny USA Reaches the Green Bonds Finish Line – LEED AP Chris Cheatham of Cheatham… [read post]
22 Mar 2012, 2:36 pm by Chuck Maduell
  Consequently, the Court remanded the case for consideration of the Sacketts’ substantive claims regarding CWA jurisdiction. [read post]
22 Mar 2012, 10:59 am by Chuck Maduell
The Sacketts, who disputed that their property is subject to the CWA, asked the EPA for a hearing on the compliance order. [read post]
22 Mar 2012, 6:56 am by Joel Bolstein
In a unanimous decision issued yesterday, the US Supreme Court for the first time gave property owners the right to pursue immediate judicial review of a compliance order issued by EPA under the Clean Water Act. [read post]
21 Mar 2012, 10:00 pm by Sean Moloney
  After describing the absence of a sufficient judicial remedy to challenge the compliance order, the Court refused several EPA arguments claiming that the CWA preempted the APA judicial review provision. [read post]
21 Mar 2012, 7:32 pm by Jonathan H. Adler
This is a small, yet significant, victory guaranteeing a modicum of procedural protection for those subject to regulation under the CWA. [read post]
21 Mar 2012, 4:13 pm by Richard Frank
  The CWA doesn’t do so explicitly, and the justices were unwilling to imply from the CWA an abrogation of the APA’s “presumption of judicial review. [read post]
21 Mar 2012, 2:52 pm by Walter James
Guilty on all five counts (conspiracy, obstruction, and three felony CWA counts). [read post]
21 Mar 2012, 1:04 pm by Eric Waeckerlin
EPA (roughly two months since oral argument), resolutely and unanimously striking down EPA’s position that the Clean Water Act (CWA) does not provide pre-enforcement judicial review of compliance orders. [read post]
21 Mar 2012, 10:41 am by Ilya Somin
” He urges Congress to clarify the scope of the CWA so that property owners will at least have a clearer indication of the scope of EPA authority over their land. [read post]
21 Mar 2012, 10:09 am by Prof. Coplan, Karl S.
  Although the stakes are much higher, CERCLA section 113(h), unlike the CWA, specifically precludes pre-enforcement review of an EPA cleanup order issued under Section 106 of CERCLA. [read post]
21 Mar 2012, 4:31 am by Russell Jackson
  Moreover, even the CWA cases recognized that a point of discharge can be too remote from the plaintiff's injury to be legally recognized as a contributing cause. [read post]
20 Mar 2012, 4:34 am by Donald Barbati
In an unusual show of concerns, more than 30 organizations, including the AFL-CIO, CWA, New Jersey Education Association, signed the letter questioning the Court’s balance. [read post]
19 Mar 2012, 9:04 am by Leland E. Beck
  The CWA requires EPA to periodically revise effluent limitations – a detailed statutory point with which all agree that EPA has not complied. [read post]
15 Mar 2012, 3:17 am by Brennan W. Bolt
Neither General Electric nor the petitioner, IUE-CWA - Communications Workers of America's industrial division, were given entirely what it wanted when it came to how many workers were included in the unit. [read post]
13 Mar 2012, 7:10 am by Brennan W. Bolt
  "Union Contract Nowhere in Sight for Verizon Workers" -- GoLocalProv.com Nearly seven months after returning to work following a two week strike last August, more than 800 Verizon workers in Rhode Island are still without a contract and union leaders say there has been little progress in negotiations between the Communications Workers of America (CWA) and the company. [read post]
12 Mar 2012, 6:11 pm by Walter James
Griffing indicated that testimony about the illegal discharges would come from three former plant employees including John Tuma's son, Cody Tuma (who recently plead guilty to a CWA offense). [read post]