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24 Mar 2023, 10:18 am
The Clean Water Act (CWA) and the Environmental Protection Agency (EPA) are no stranger to controversy and legal challenge. [read post]
13 Mar 2023, 2:58 pm
On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the Clean Water Act (CWA or the Act). [read post]
9 Mar 2023, 3:00 am
DWR prepared the EIS as part of the process of satisfying the Federal Clean Water Act (“CWA”), which requires applicants for federal licenses involving activities that may result in discharges into navigable waters to obtain certification from state agencies that the discharge will comply with both state and federal water quality laws. [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]
24 Feb 2023, 4:54 pm
Believing that the construction fell under an agricultural exemption to the CWA, the Smiths proceeded without a water-pollution permit. [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]
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]
2 Feb 2023, 9:05 pm
Their second trip to the Suprme Court, the current case, should help clarify the scope of the EPA’s regulatory powers under the CWA and whether EPA can expand the definition of “navigable waters. [read post]
31 Jan 2023, 12:17 am
In December, the Communications Workers of America (CWA) labor union called Apple out on its astroturfing, and the same CWA has repeatedly declared itself in favor of Microsoft's acquisition of Activision Blizzard (as is AFL-CIO).Bloomberg's Josh Eidelson broke the news of a finding by a U.S. government agency, the National Labor Relations Board (NLRB), that two of ex-Apple employee Ashley Gjøvik's ("Demanding Reform at Apple Inc. [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]
7 Jan 2023, 10:23 pm
WilliamsTania RiceFrom my experience as a litigation watcher, I predict that we will see some additional appearances soon, at the latest right before a PI hearing.In other Microsoft-ActivisionBlizzard news, Microsoft and the Communications Workers of America (CWA) labor union placed an ad in the Washington Post on Friday that The Verge and other media have reported on. [read post]
5 Jan 2023, 10:44 pm
Bloomberg Law published an interesting article (also yesterday) about the Communications Workers of America (CWA) labor union continuing to support the deal. [read post]
31 Dec 2022, 11:17 am
This revision to the CWA may affect the outcome of a case currently before the US Supreme Court. [read post]
30 Dec 2022, 3:22 pm
The CWA prohibits the discharge of pollutants in the navigable waters of the United States. [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]
23 Dec 2022, 5:39 am
” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. [read post]
22 Dec 2022, 11:01 pm
When I read that headline, I can think of another headline I'd like to--but at least in the foreseeable future probably won't--see: "Apple Gambles on 'Nice Guy' Strategy to Open its App Store" There is a stark contrast now between Apple--which uses fake app developers as well as fake labor unions--and Microsoft--which is reasonably aligned with the Communications Workers of America (CWA) labor union as well as the AFL-CIO umbrella organization (which totally… [read post]
17 Dec 2022, 12:05 am
"Gross, Apple. https://t.co/ytlg7adtUe— CWA (@CWAUnion) December 16, 2022 Gross it is indeed, but it's a pattern that seems familiar. [read post]
8 Dec 2022, 12:00 pm
Wall Street analysts largely expected this to happen, but that expectation, too, is based on political rather than legal considerations.A few days ago, not only Microsoft but also the Communications Workers of America (CWA) labor union made the case against the case against this deal. [read post]
7 Dec 2022, 12:39 am
But what is even more meaningful is that agreements such as between Microsoft and the CWA labor union as well as between Microsoft and Nintendo have materialized. [read post]
