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15 Jul 2011, 1:47 pm
SWEPCO argued that the district court lacked subject matter jurisdiction because the plaintiffs had failed to show an injury in fact on their NEPA, CWA, and ESA claims. [read post]
24 Jan 2022, 10:48 am
The Sacketts have been trying to develop their property for over a decade, only to be frustrated by assertions of federal regulatory authority under the CWA. [read post]
29 Jun 2007, 2:27 pm
When the Ninth Circuit confronted the issue, it understood that ESA § 7 might be read to add a tenth factor to CWA § 402(b). [read post]
19 Jul 2010, 1:15 pm
Pittsfield sought changes to the terms of the permit, which was issued pursuant to section 402 of the Clean Water Act (CWA). [read post]
26 Oct 2015, 3:48 am
Furthermore, a mere “hydrological connection” is not sufficient to qualify a wetland as covered by the CWA; it must have a “continuous surface connection” with a water of the United States that makes it “difficult to determine where the ‘water’ ends and the ‘wetland’ begins. [read post]
11 Jan 2012, 1:11 pm
The district court properly determined that the Secretary 'has provided an adequate basis for his approval' and that 'West Virginia's material damage definition does not supersede, amend, modify, or repeal the [CWA].' . . [read post]
25 Feb 2007, 5:37 am
The Rapanos opinion was a five-to-four plurality decision, and, therefore, does not provide clear guidance to lower courts or regulated entities as to the scope of the CWA. [read post]
30 May 2012, 9:14 am
DEC has been delegated authority under the CWA to regulate the discharge of pollutants from point sources into the waters of New York State. [read post]
22 Aug 2018, 6:39 pm
The Court held: “The CWA’s language does not require that the point source continue to release a pollutant for a violation to be ongoing. [read post]
29 Jul 2008, 1:07 pm
The maximum penalty for a misdemeanor violation of the CWA is $200,000.00 or twice the gross gain or loss caused by the offense. [read post]
28 Jan 2011, 2:02 pm
The Corps subsequently denied Precon's application for a CWA permit to impact the wetlands through development. [read post]
22 Jun 2011, 9:17 am
The CWA asked Supreme Court to confirm the arbitration award while the Town asked the court to vacate the award in part on the ground that the award exceeded the scope of the arbitrator's authority. [read post]
31 Oct 2006, 11:43 am
Underlying the issue is whether the CWA provides for jurisdiction over various sites. [read post]
27 May 2012, 8:00 pm
The court held that the stormwater collection systems constitute “point sources” under the Clean Water Act (CWA), and that the discharges therefore require permits under the CWA’s NPDES program. [read post]
23 Sep 2008, 6:47 pm
They were convicted of CWA violations for allegedly polluting wetlands with discharges of process water from the plant. [read post]
12 Jan 2023, 5:02 am
The Addendum deals with how cumulative impact can be considered under the programs referred to in the EJ Tools, namely programs under the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act. [read post]
25 Oct 2011, 7:38 am
§ 1342(p) and 40 CFR § 122.26(a)(3), and by DEC pursuant to its delegated CWA authority. [read post]
19 Nov 2009, 2:00 pm
Cornell Labor Programs CWA District One CWA Local 1180 Abigail Disney District Council 37 Empire State Pride Agenda Rabbi Michael Feinberg Ron Feldman Michael Fishman Barry Ford Hon. [read post]
8 Apr 2008, 11:48 am
SVTC begins by identifying several federal regulatory issues it believes need immediate attention: increased NNI funding for EHS research; collection of EHS data for all nanoscale materials; determining whether mass-based metrics are appropriate for nano-regulatory purposes; developing efficient instruments to detect and monitor nanoparticles; making sure manufacturers issue proper material safety data sheets; closing alleged nano-regulatory gaps in TSCA, RCRA, CWA, CAA, CERCLA, and EPCRA;… [read post]
6 Oct 2011, 12:18 pm
Recently, the issue of whether CWA § 316(b) requires retrofitting closed cycle cooling at existing power plants as a matter of course made it to the Supreme Court, in Entergy v Riverkeeper. [read post]
