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4 Oct 2022, 3:02 pm by Jonathan H. Adler
Riverside Bayview Homes, perhaps the high-water mark of Court acquiescence to broad assertions of federal regulatory power under the CWA. [read post]
EPA over whether wetlands are “waters of the United States” under the Clean Water Act (CWA). [read post]
3 Oct 2022, 1:24 pm by Seth Jaffe
  It always seemed to me that the Sacketts should lose under any interpretation of the CWA other than one which would require that WOTUS be limited to waters that are truly navigable. [read post]
3 Oct 2022, 11:47 am by Amy Howe
Could the CWA apply, Gorsuch asked, to a wetland that is three miles away? [read post]
1 Oct 2022, 3:21 pm by Jonathan H. Adler
Such a test, they argue, is more consistent with the CWA's text, and ensures that federal regulation does not extend beyond the scope of Congress's power to regulate commerce among the several states (which is the purported basis for the CWA's regulations). [read post]
30 Sep 2022, 5:35 am by Kelly Nuckolls
 We are grateful to Eric for joining the class and teaching us about the wetland ecology considerations that are important for determining CWA jurisdiction on farms. [read post]
29 Sep 2022, 1:50 pm by Amy Howe
Water flows between the Sacketts’ land and the lake under the surface of the land, the EPA insists, but in any event the CWA can still cover land that is separated by a barrier from a body of water covered by the CWA. [read post]
25 Sep 2022, 9:04 pm by Evan Zoldan
It is a question of interpretation of the CWA by agencies entrusted with its interpretation—EPA and the U.S. [read post]
22 Sep 2022, 1:18 pm by Richard Frank
Region IX Administrator Martha Guzman, who will discuss current challenges and opportunities under the CWA. [read post]
12 Sep 2022, 12:05 pm by Devlyn Tedesco
  Similarly, the CWA reforms would standardize the 401 permit process across the states and provide much needed timeline certainty for developers. [read post]
1 Sep 2022, 7:19 am by Seth Jaffe
Facilities “to which a permit has been issued by the United States or an authorized State” under RCRA, the CWA, the Toxic Substances Control Act, or the Safe Drinking Water Act. [read post]
7 Aug 2022, 5:48 pm by Arthur F. Coon
  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]
3 Jun 2022, 8:46 am by admin
The issue rested on the court’s interpretation of the Colorado Wage Act (CWA). [read post]
8 May 2022, 9:00 am
Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water Act (“CWA”)? [read post]
3 May 2022, 11:45 am by Seth Jaffe
  Unfortunately, given that Congress is patently incapable of doing its job, rewriting the CWA to fix this problem is still the responsibility of Congress. [read post]
15 Apr 2022, 10:13 am by CrimProf BlogEditor
Here is the abstract: Congress passed the Clean Water Act (CWA) to “restore and... [read post]
14 Apr 2022, 8:49 am by James J. Scherer
By 1972, increased awareness of severe water pollution issues and high-profile incidents (such as Cleveland’s own infamous Cuyahoga River fire in 1969) drove Congress to enact a sweeping amendment to the FWPCA—thereafter becoming commonly known as the Clean Water Act (CWA). [read post]
6 Apr 2022, 6:35 am by Eugene Volokh
Caplan; the National Writers Union, the Society of Professional Journalists, the NewsGuild-CWA, Euclid Media Group. [read post]