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16 Jul 2018, 3:37 pm by Anthony B. Cavender and Amy L. Pierce
On January 22, 2018, the Court issued a unanimous opinion in the Clean Water Act (CWA) case, Nat’l Assoc. of Mfrs. v. [read post]
16 Jul 2018, 12:38 pm by David Strifling
After the Ninth Circuit rejected a petition for en banc review, the losing party announced its intent to seek certiorari review, arguing that “the Court of Appeals’ decision conflicts with the CWA’s text, structure, and legislative history. [read post]
10 Jul 2018, 9:30 pm by Joel Beauvais
In that case, the Sixth Circuit held that the CWA gave the courts of appeals jurisdiction over challenges to the rule. [read post]
4 Jul 2018, 9:05 pm by Walter Olson
While the government seldom exercises its right to intervene in citizen suits, DoJ in its three filings asked the court to examine whether the actions were truly an effective way to enforce the CWA or were serving other, less public goals. [read post]
28 Jun 2018, 9:10 pm by Anthony B. Cavender
Army Corps of Engineers’ (Corps) motion for summary judgment dismissing the Orchard Hill Building Company’s (Orchard) complaint that the Corps’ jurisdictional determination erroneously found that the waters at issue were “jurisdictional waters” under the Clean Water Act (CWA) subject to the Corps’ jurisdiction. [read post]
25 Jun 2018, 10:00 pm by Anthony B. Cavender
“EPA has determined that the existing framework of regulatory requirements serves to prevent CWA HS discharges. [read post]
21 Jun 2018, 8:52 am by Anthony B. Cavender
 Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West Virginia, impacting their ability to comply with the Clean Water Act (CWA). [read post]
8 May 2018, 5:23 pm by Anthony B. Cavender
Cavender On April 12, a significant Clean Water Act (CWA) ruling has been made by the U.S. [read post]
3 May 2018, 10:30 am by Brad Schnure
Murphy Reveals CWA Raises & Back Pay to Cost NJ Taxpayers $148.9 Million Senator Mike Doherty expressed grave concern that the massive cost of pay raises that Governor Phil Murphy wants to give a public employee union matches almost dollar for dollar the steep cuts his administration proposed to the popular Homestead Benefit property tax relief program. [read post]
2 May 2018, 1:04 pm by Seth Jaffe
Ohio EPA believed that assessment and listing of the open waters under the CWA should be led by the U.S. [read post]
2 May 2018, 6:55 am by Brad Schnure
Murphy Secured No Concessions from CWA While Asking for $1.7 Billion in Tax Increases from NJ Residents Senator Anthony Bucco (R-25), the Senate Republican Budget Officer, blasted a contract negotiated by the Murphy Administration with the New Jersey CWA, which represents approximately 40,000 taxpayer funded union members employed by the State: Sen. [read post]
30 Apr 2018, 11:47 am by ktidgren
On April 12, 2018, the United States Court of Appeals for the Fourth Circuit vacated a district court’s judgment and held that a discharge that passed from a point source through groundwater to navigable waters could support a Clean Water Act (CWA) claim. [read post]
30 Apr 2018, 11:47 am by ktidgren
On April 12, 2018, the United States Court of Appeals for the Fourth Circuit vacated a district court’s judgment and held that a discharge that passed from a point source through groundwater to navigable waters could support a Clean Water Act (CWA) claim. [read post]
20 Apr 2018, 10:51 am by editor@howarddc.com
Clean Water Act (CWA) Pesticide Permitting:  Together these two provisions amend the CWA and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to eliminate CWA National Pollutant Discharge Elimination System (NPDES) permitting for FIFRA-compliant pesticide applications. [read post]
18 Apr 2018, 5:58 am by Seth Jaffe
TVA, the 4th Circuit made clear that not all discharges to groundwater are subject to the CWA. [read post]
16 Apr 2018, 9:00 am
In doing so, the Court weighed in on an issue that was of first impression to the Fourth Circuit and has significant implications for CWA liability – whether the discharge of a pollutant that moves through ground water before reaching navigable waters may constitute a discharge of a pollutant pursuant to the CWA. [read post]
10 Apr 2018, 8:00 am by Anthony B. Cavender
Army Corps of Engineers’ (Corps) decision to issue a Clean Water Act (CWA) Section 404 permit to the Newhall Land and Farming Company (Newhall), which is planning a large residential and commercial project in Los Angeles County near Santa Clarita, CA (the Newhall Ranch project). [read post]