Search for: "CWA"
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17 Apr 2024, 7:15 am
Environmental Protection Agency (EPA) issued a final rule requiring certain onshore facilities to prepare Facility Response Plans (FRPs) for the worst-case discharges of Clean Water Act (CWA) hazardous substances. [read post]
25 May 2023, 10:00 pm
In addition to significantly narrowing the scope of the Clean Water Act’s (CWA’s) jurisdiction, the decision is likely to complicate the litigation surrounding implementation of the Biden administration’s recent “waters of the United States” rule. [read post]
31 May 2016, 8:33 am
[SCOTUSblog materials] that the Corps' determination that a property contains waters protected by the Clean Water Act (CWA) [text] constitutes a "final agency action" reviewable under the Administrative Procedure Act [text, PDF]. [read post]
7 Oct 2015, 2:00 am
Court of Appeals for the Second Circuit has issued a ruling that EPA’s Clean Water Act (CWA) Vessel General Permit (VGP), which regulates the discharge of ballast water from ships, was promulgated in violation of the Administrative Procedure Act (APA), and must be remanded to the agency. [read post]
26 May 2023, 11:22 am
Notably, all nine Justices agreed that the agencies had gone too far in finding that the Sacketts’ property was subject to Clean Water Act (CWA) jurisdiction. [read post]
9 Apr 2015, 3:00 am
Federal district courts are often confronted with the issue of whether "Narrative Water Quality Standards" are incorporated into National Pollutant Discharge Elimination System (NPDES)permits and enforceable as permit conditions as they preside over citizen suits filed under the Clean Water Act (CWA). [read post]
25 May 2023, 10:00 pm
In addition to significantly narrowing the scope of the Clean Water Act’s (CWA’s) jurisdiction, the decision is likely to complicate the litigation surrounding implementation of the Biden administration’s recent “waters of the United States” rule. [read post]
10 May 2011, 9:41 am
In a 2008 guidance document aiming to clarify the scope of CWA jurisdiction, EPA and ACOE took the position that regulatory jurisdiction under the CWA exists over a water body if either the plurality’s or Justice Kennedy’s standard is satisfied. [read post]
27 Jul 2010, 8:10 am
Of course protecting water quality is crucial and CAFO’s have traditionally been able to avoid CWA coverage, but at what point does the CAFO regulation not fit within the intent of the CWA and instead call for an effort that addresses both agricultural and environmental interests? [read post]
11 Nov 2008, 3:07 pm
The Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) has issued a report calling for a warm embrace between EPA and those charged with implementing the CWA in most instances.As the administration changes, one can question how and if agriculture's treatment under the CWA will change. [read post]
26 Mar 2025, 6:00 am
Supreme Court again limited the Environmental Protection Agency’s (EPA) power under the Clean Water Act (CWA). [read post]
1 Apr 2025, 6:00 am
Supreme Court again limited the Environmental Protection Agency’s (EPA) power under the Clean Water Act (CWA). [read post]
26 Feb 2024, 9:47 am
Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA). [read post]
17 Jan 2014, 3:57 am
Here: Hobart Cert Petition Questions presented: 1) Whether Congress’ waiver of the federal government’s sovereign immunity, under § 313(a) of the CWA, for enforcement of local stormwater management ordinances, for “any property” over which it has “jurisdiction,” applies to land taken into trust pursuant to 25 U.S.C. [read post]
25 Jan 2018, 8:16 pm
District Courts in Massachusetts and Rhode Island dismissing the Clean Water Act (CWA) Citizen Suits filed against the Environmental Protection Agency (EPA) and its administrator, Scott Pruitt. [read post]
24 Jul 2015, 10:35 am
” “Navigable water” is defined by the CWA as “water of the United States. [read post]
16 Aug 2018, 1:33 pm
The CWA permits the dischrage of pollutants, including the deposit of soil or fill material, in "waters of the United States. [read post]
14 Mar 2013, 7:22 am
Failure to comply with the CWA's sixty-day notice requirement bars such an action and calls for dismissal of the suit. [read post]
4 Jul 2018, 9:05 pm
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]
6 Jul 2019, 8:56 am
In December 2018, the two agencies proposed a revised WOTUS definition that would significantly curtail federal regulatory jurisdiction under the CWA. [read post]