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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]
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]
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]
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 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]
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]
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]
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]
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]
7 Apr 2010, 3:44 pm
Environmental Protection Agency (EPA) for alleged Clean Water Act (CWA) violations. [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]
22 Aug 2016, 12:08 pm
2016 has been a tough year for Section 230 jurisprudence, and the nadir (so far) was the appellate court ruling in Hassell v. [read post]
26 Dec 2012, 9:30 pm
After learning of this plan and subsequent discussions with the Sacketts, the Environmental Protection Agency (EPA) concluded that the land was wetlands subject to protection under the Clean Water Act (CWA) and issued a Compliance Order to the Sacketts. [read post]
20 Feb 2012, 7:42 am
The federal Clean Water Act (CWA) effluent guidelines program sets national standards for industrial wastewater discharges based on best available technologies that are economically achievable. [read post]
6 Apr 2009, 3:56 pm
The Second Circuit held that EPA is permitted under CWA section 316(b) to consider costs in determining whether the cost of a given standard can be “reasonably borne” by the industry,” and in determining which technologies are the most cost-effective. [read post]
31 Jul 2020, 3:00 am
District Court Judge William Orrick held that Earth Island Institute had a viable claim against the EPA for a violation of the CWA. [read post]
12 Jan 2022, 12:35 pm
The Sacketts are a husband and wife who are challenging the government’s assertion of CWA authority over their home. [read post]
