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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]
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]
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 2023, 6:21 am by Alan S. Kaplinsky
  Specifically, the Court rejected the Environmental Protection Agency’s (EPA) regulatory definition of what constitutes “Waters of the United States” subject to federal jurisdiction under the Clean Water Act (CWA). [read post]
6 Jun 2023, 12:36 pm by Kevin Rogers
EPA, ruling that federal jurisdiction over wetlands under the Clean Water Act (CWA or the Act), which prohibits discharging pollutants into “the waters of the United States” (WOTUS), extends to only those wetlands with a continuous surface connection to WOTUS. [read post]
10 May 2011, 9:41 am by Vicki Shiah
  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 by Anthony Schutz
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]
8 Jun 2009, 9:31 am
CWA defines "discharge of a pollutant," but the meaning of that definition is itself disputed. [read post]
17 Jan 2014, 3:57 am by Matthew L.M. Fletcher
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 by Anthony B. Cavender
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]
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]
6 Jul 2019, 8:56 am by Walter Olson
In December 2018, the two agencies proposed a revised WOTUS definition that would significantly curtail federal regulatory jurisdiction under the CWA. [read post]
16 Aug 2018, 1:33 pm by Jonathan H. Adler
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 by WIMS
      Failure to comply with the CWA's sixty-day notice requirement bars such an action and calls for dismissal of the suit. [read post]
26 Nov 2012, 1:23 pm by WIMS
Does the CWA allow NEDC to file this case in a Federal district court 30 years after the Silvicultural Rule became final? [read post]
26 May 2011, 11:08 am by Donald Barbati
    The CWA has filed a complaint with the Public Employment Relations Commission alleging violations of state employment law when Christie refused to negotiate over health benefits. [read post]