Search for: "CWA"
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15 Jun 2014, 9:30 pm
For example, the number of point sources subject to CWA permitting requirements, such as those responsible for stormwater discharges and pesticide applications, doubled over a recent ten-year period. [read post]
19 Jun 2019, 11:24 am
Originally, Qualcomm asked Judge Lucy H. [read post]
15 Feb 2010, 2:20 pm
Baykeeper Docket: 09-533; 09-547 Issues: Whether the Clean Water Act unambiguously forecloses a final rule by the EPA ratifying that the use of pesticides in, over, or near waters is not subject to permitting under the CWA’s National Pollutant Discharge Elimination System and establishing that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act are exempt from the CWA’s permitting requirements in two specific circumstances. [read post]
24 May 2024, 7:49 am
” In dissent, Judge Daniel Collins concluded that those provisions were “inconsistent with the text of the CWA. [read post]
26 Nov 2024, 11:23 am
CWA § 408 Permit (only three required); 9. [read post]
7 Aug 2022, 5:48 pm
That CEQA litigation consumed about four years in the state trial court; the SWRCB, in the meantime, relied on DWR’s EIR and FERC’s EIS to grant the CWA § 401 water quality certification in late 2010. [read post]
1 Mar 2023, 4:23 pm
Army Corps of Engineers were precluded from relying on this rule when enforcing the CWA within the Fourth Circuit, but they continued to rely upon it throughout the rest of the country until (some twelve years later) the Supreme Court invalidated the rule on substantive grounds. [read post]
10 Sep 2008, 4:41 pm
Available at SSRN: http://ssrn.com/abstract=878331 Abstract: In the decade since the Corps of Engineers (Corps) and Environmental Protection Agency (EPA) officially blessed wetland mitigation banking for purposes of satisfying mitigation requirements under Section 404 of the Clean Water Act (CWA), the practice has fueled an ongoing debate about its pros and… [read post]
30 Dec 2022, 12:04 pm
Ninth Circuit Court of Appeals Courthouse, San Francisco, CA (credit: Ninth Circuit Court of Appeals)I’ve shared in previous posts my view that the U.S. [read post]
25 May 2011, 7:04 am
" On the merits, the Court upheld the Corps action, finding that project fell within the navigation exception of the Clean Water Act, which exempted Corps from regulation under CWA and affiliated state programs, and the Corps' decision to invoke the navigation exception was not arbitrary and capricious. [read post]
22 Jun 2010, 11:14 am
Discussion of Claims- Salt/Boron TMDL Petitioners claimed the Salt/Boron TMDL amendment is invalid for a number of reasons including as follows: (1) the TMDL violates the CWA and the Porter-Cologne Act because it does not implement applicable water quality objectives, (2) the TMDL constitutes an underground regulation, (3) the TMDL is not necessary since Petitioners have been meeting the water quality objectives for salt and boron since 1995, the US Bureau of Reclamation is the sole cause… [read post]
6 Jun 2013, 11:46 am
Mitigation for impacts of pile driving noise consisting of a commitment to undertake future consultation with NOAA was not impermissibly deferred; according to the Court: “Consultations with NOAA fisheries must occur, both as part of the federal permitting process under the CWA and ESA, and under the express terms of the mitigation measure …. [read post]
24 Mar 2016, 10:53 am
The concurring judge in the Eighth Circuit characterized the Court in Sackett as being “concerned with just how difficult and confusing it can be for a landowner to predict whether or not his or her land falls within CWA jurisdiction. [read post]
19 Jul 2007, 5:39 am
Durbin, United States Senator, states in part: The goal of the Clean Water Act (CWA) is to minimize and eventually eliminate the discharge of pollutants into our rivers and lakes. [read post]
14 May 2025, 8:14 am
” While the announcement included use of existing and expanded tools under the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act (SDWA), the Clean Water Act (CWA), and the Resource Conservation and Recovery Act (RCRA), it did not propose any action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), nor did it revisit its 2024 designation of PFOA and PFOS as CERCLA hazardous substances. [read post]
7 Apr 2010, 3:44 pm
Environmental Protection Agency (EPA) for alleged Clean Water Act (CWA) violations. [read post]
30 Dec 2015, 7:28 pm
The CWA exempts from the definition of “point source” agricultural storm water discharges and return flows from agricultural irrigation. [read post]
23 Aug 2010, 1:22 pm
., did not have an FRP in place at the time of a May 2009 EPA inspection, in violation of the federal Clean Water Act (CWA), according to an administrative consent agreement and final order filed in Kansas City, Kan. [read post]
14 Mar 2010, 10:47 pm
Under the settlement filed in federal court in Columbia, S.C., Norfolk Southern will be required to pay a civil penalty of $3,967,500 for the alleged CWA violations, to be deposited in the federal Oil Spill Liability Trust Fund. [read post]
11 Jul 2010, 8:33 pm
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
