Search for: "CWA"
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6 Jan 2007, 3:43 am
According to EPA, although the Endangered Species Act, passed after the CWA delegation provision, required it to consult with FWS on the effects of delegation, it didn't provide the authority to condition delegation on features not specified in the CWA.This case potentially has ramifications for any number of other situations in which the executive branch under the current administration has unsuccessfully argued that it lacks the authority to protect listed species. [read post]
15 Nov 2006, 6:52 am
But, the First has a better, less deferential argument:The FTCA would become a medium for enforcing the entire regulatory scheme, including the discretionary decisions of the regulatory agency, an eventuality that Congress likely did not contemplate when it enacted the FTCA.Outside the FTCA, the First rejects the Clean Water Act ("CWA"), 33 U.S.C. [read post]
28 Jul 2015, 1:35 pm
To comply with the requirements of the CWA, the State of Maryland issued a general construction stormwater permit which requires CBAC to comply with that permit while the casino is being constructed. [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]
23 Mar 2012, 8:10 pm
In particular, the court noted that section 404(p) says that compliance with a permit amounts to compliance with the CWA. [read post]
12 Jul 2010, 6:06 pm
Because the project site involves the filling of wetlands, the Clean Water Act (CWA) required the project's developers to obtain a special permit prior to construction…. [read post]
17 May 2009, 6:57 pm
Traditional navigable waterways have arisen in multiple legal contexts over the years, not just in CWA discussions. [read post]
8 Nov 2009, 7:05 pm
., Oct. 23, 2009) BACKGROUND: In 2007, the Corps issued a Clean Water Act ("CWA") � 404 permit to J.D. [read post]
15 Nov 2023, 3:52 pm
Both West Virginia and Sackett limit the EPA’s authority under the CAA and CWA respectively. [read post]
25 Jun 2008, 3:30 pm
All in all, we see no clear indication of congressional intent to occupy the entire field of pollution remedies; nor for that matter do we perceive that punitive damages for private harms will have any frustrating effect on the CWA remedial scheme, which would point to preemption.Slip op. at 15 (citations and footnote omitted). [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]
15 Apr 2010, 3:05 pm
NYSDEC determined that Entergy’s proposal did not represent the “best technology available for minimizing adverse environmental impact,” a standard required by New York regulations, 6 NYCRR § 704.5, and the Clean Water Act, CWA § 316(b), 33 U.S.C. [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]
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]
1 Jul 2009, 1:06 am
(“CWA”). [read post]
15 Jul 2020, 8:17 am
In a great example of kick the can down the road budgeting, the agreement simply delays a 2% cost-of-living allowance (COLA) to 2021 when CWA members will get two such raises during the year. [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]
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]
13 Jan 2010, 9:08 am
(“CWA”). [read post]
19 Feb 2014, 6:20 am
Moreover, pointing to Corker’s proclamation on the eve of the NLRB vote that a new VW product would be built in Chattanooga if workers voted against union representation, the CWA said: “We should all demand that the Senator prove that assertion since he set the stage for workers to choose between representation and participation and having work in the years ahead. [read post]
