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25 Jun 2012, 9:47 am
§ 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? [read post]
17 Oct 2011, 10:34 am
(3) Does section 316(b) of the Clean Water Act (CWA) permit a cost-benefit analysis in determining best technology available? [read post]
12 Dec 2011, 8:00 am
§ 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? [read post]
25 May 2017, 9:30 pm
Pesticides currently have to be approved under both the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) and the Clean Water Act (CWA); however, the bill approved by the House would eliminate the need for CWA approval once the EPA has given its approval under FIFRA. [read post]
23 Nov 2007, 6:17 pm
The federal government has increasingly used the Endangered Species Act (ESA) and the Clean Water Act (CWA) to stop owners from developing or farming their land. [read post]
1 Jul 2009, 1:06 am
(“CWA”). [read post]
25 Jun 2012, 9:47 am
§ 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? [read post]
28 Jul 2015, 1:34 pm
This is Part I of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: I. [read post]
22 Feb 2023, 3:23 pm
Filling in or polluting wetlands stunts their ability to store and filter floodwater, control erosion, improve water quality by trapping sediments, serve as a nursery to replenish fish stock, and provide a unique habitat for plants, wildlife, and fish.[2] Furthermore, wetlands are necessary for the continued existence of endangered species such as the American Black Duck.[3] Prior to European colonization, the continental United States had over 221 million acres of wetlands.[4] However, rapid… [read post]
4 Jan 2012, 4:07 pm
No penalties are imposed before judicial review and, when EPA does go to court for an enforcement order, the recipient of a compliance order “has a full opportunity to argue…that the order is invalid because the conduct on which it was premised did not violate the CWA.” And, it said, the amount of penalties is up to the court, not to EPA. [read post]
14 Apr 2008, 3:29 pm
The U.S. [read post]
10 Jul 2013, 10:03 am
By Diane Kindermann, William W. [read post]
30 Jul 2015, 2:05 am
Army Corps of Engineers; they can serve a useful public purpose by assisting with the restoration and preservation of waterways subject to the CWA. [read post]
19 Feb 2016, 3:58 pm
That Clean Water Act (“CWA”) case (which I tried in the Federal District Court for the Eastern District of California and argued in the Ninth Circuit Court of Appeals with Ed Regalia) presented issues concerning whether our rancher clients’ plowing of semi-arid rangelands in areas of seasonal wetlands to plant orchards and vineyards required a federal CWA § 404 permit, i.e., whether it constituted the “discharge” from a “point source”… [read post]
28 Dec 2011, 12:00 am
These fees help fund CWA-mandated stormwater improvements. [read post]
Interpreting plant provisions of the ESA, 9th Circuit shows restraint, encourages FWS to adopt rules
31 Aug 2010, 5:01 pm
We thus interpret “areas under Federal jurisdiction” as not including all of the “waters of the United States” as defined by the CWA and its regulations. [read post]
16 Feb 2023, 1:07 pm
For vinyl chloride, as an example, the CWA warns its union members that: CWA members are most often exposed to vinyl chloride as a result of the inhalation of or breathing the chemical’s vapors. [read post]
29 Jul 2015, 2:05 am
The majority opinion concluded that the statutory requirements of the CWA’s provisions regarding of the review of offshore oil spill response plans limited the Bureau’s discretion in deciding whether to approve such plans; so long as the applicant’s plan satisfied the CWA, the Bureau’s approval was mandatory and did not trigger a requirement for interagency consultation under the Endangered Species Act (ESA) before approving the oil spill response plans. [read post]
8 Nov 2016, 2:38 pm
Similar to the 2011 PGP, the 2016 PGP contains additional permit conditions and modifications that some states and tribes added through the Clean Water Act (CWA) Section 401 certification process and/or the Coastal Zone Management Act process. [read post]
27 May 2015, 12:09 pm
Under this definition, all waters (not just wetlands) within the same riparian area or flood plain of interstate waters would be “adjacent” waters subject to CWA regulation. [read post]
