Search for: "CWA" Results 301 - 320 of 1,028
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9 Nov 2016, 5:57 am by Joe Koncelik
The CWA limits jurisdiction to "navigable waters" which is defined as "waters of the United States, including the territorial seas. [read post]
8 Nov 2016, 2:38 pm by lcampbell@lawbc.com
  Similar to the 2011 PGP, the 2016 PGP contains additional permit conditions and modifications that some states and tribes added through the Clean Water Act (CWA) Section 401 certification process and/or the Coastal Zone Management Act process. [read post]
2 Nov 2016, 12:42 pm by Anthony B. Cavender
Consequently, while some discharges are evidently violations of the CWA, the District Court declined to find the railroad liable for any CWA violations at this time because there are disputes of material fact that must be resolved at trial. [read post]
30 Oct 2016, 10:00 pm
Further, strategy for maintaining patent validity and some level of enforceable claim scope should be considered in order to continue to benefit from the regulatory structures of the CAA and CWA. [read post]
18 Oct 2016, 10:00 pm
However, under the regulatory structures of the CAA and CWA as previously discussed, it is arguable that when there is a new source of pollution that requires "best available control technology,"there is an expectation that such technology will be used, regardless of potential licensing costs as cost-benefit analysis is impermissible per the statute in selecting such technologies. [read post]
13 Oct 2016, 10:00 pm
We can imagine a situation where a new emission reduction device is developed to meet the requirements of the CAA and CWA as previously discussed. [read post]
2 Oct 2016, 10:00 pm
Provisions contained within the CAA and CWA are considered to be technology based and have arguably helped drive innovation. [read post]
In April of 2016, the drainage districts filed a motion for partial summary judgment on the claims filed under the CWA (and companion Iowa law). [read post]
14 Sep 2016, 10:51 pm by Anthony B. Cavender
In this litigation, the Tribe asserts that the Corps has violated the consultation provisions of Section 106 of the NHPA, and not the CWA. [read post]
14 Sep 2016, 10:51 pm by Anthony B. Cavender
In this litigation, the Tribe asserts that the Corps has violated the consultation provisions of Section 106 of the NHPA, and not the CWA. [read post]
22 Aug 2016, 12:08 pm by Eric Goldman
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]
10 Aug 2016, 2:00 am by Anthony B. Cavender
At the outset, however, the Court of Appeals considered, and rejected, the arguments the states made that the Court of Appeals was without jurisdiction to review these petitions, particularly concerning those state actions assessing the water quality impacts of this pipeline expansion under Section 401 of the Clean Water Act (CWA). [read post]
3 Aug 2016, 12:00 am by Austin Turner
In accordance with the CWA, FDEP proposed rules that impose limits on 39 chemicals which are currently without standards. [read post]
22 Jul 2016, 7:18 am by Seth Jaffe
Mingo Logan’s second line of argument was that EPA may not reject a fill site based on water quality impacts downstream of the fill location, where the state has issued an NPDES permit under § 402 of the CWA. [read post]
21 Jul 2016, 9:30 pm by Justin Daniel
., argued that the EPA acted unreasonably by failing to properly consider Mingo Logan’s reliance on the initial permit and failing to explain why the environmental impact of the project was harmful enough to justify revocation, but the court explained that the EPA enjoys “broad veto authority” under the Clean Water Act (CWA) and held that the agency had “considered the relevant factors and adequately explained its decision. [read post]
20 Jul 2016, 12:00 am by Austin Turner
For the Clean Water Act (CWA), the EPA’s $25,000 maximum per-day per-violation civil penalty level in judicial enforcement proceedings under 33 U.S.C. 1319(d) is now adjusted to $52,570. [read post]
19 Jul 2016, 7:20 pm by Anthony B. Cavender
EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water Act (CWA) and Administrative Procedures Act (APA) when it vetoed a 404 dredge and fill permit Mingo Logan Coal Co. received from the U.S. [read post]