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13 Oct 2015, 3:17 pm by Anthony B. Cavender
The petitioners in these four actions also requested that the Sixth Circuit stay the Rule while it determines whether it even has jurisdiction over this case, given the complexity of the CWA’s provisions regarding judicial review. [read post]
13 Oct 2015, 9:58 am by LexisNexis Insurance Law Newsroom Staff
Al Herson Under Clean Water Act (CWA) Section 404, the US Army Corps of Engineers (USACE) must issue a permit for discharges of dredged or fill material into "waters the United States" (WOTUS). [read post]
9 Oct 2015, 9:43 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]
9 Oct 2015, 8:46 am by Jonathan H. Adler
Specifically, there is a question whether, under the terms of the CWA, challenges to the rule are to be brought in district or circuit courts. [read post]
7 Oct 2015, 12:43 pm by Seth Jaffe
  Because it is a constitutional holding, it would apply not just to the Clean Air Act, which has order authority like that of the CWA, but also to CERCLA, even though CERCLA specifically states that pre-enforcement review is not available. [read post]
7 Oct 2015, 2:00 am by Anthony B. Cavender
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]
6 Oct 2015, 8:09 am by Anthony B. Cavender
 EPA issued a CWA Compliance Order under Section 309 of the CWA, requiring the plaintiffs to restore the property to “pre-disturbance grade and conditions”. [read post]
5 Oct 2015, 11:11 am by Arthur F. Coon
On September 18, 2015, I posted a “Part I” piece on the “efficiency improvements” category of OPR’s Preliminary Discussion Draft of its “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). [read post]
24 Sep 2015, 1:38 pm by Anthony B. Cavender
  These rulings take on added significance because of the new rules issued by EPA and the Corps of Engineers redefining the concept of “waters of the United States”, which is the linchpin of federal regulatory power under the CWA. [read post]
18 Sep 2015, 5:05 am by Duane Morris LLP
Pending the outcome of anticipated appeals, challengers of future CWA rulemakings may be able to fasten on this aspect of the District Court's ruling and shop for favorable District Courts. [read post]
3 Sep 2015, 9:40 am by Jon Brodkin
"$200 million represents 0.39 percent of the $50.7 billion Verizon spent on its wireline network from 2008 to 2014," the CWA said. [read post]
31 Aug 2015, 1:31 pm by Joe Koncelik
Two other District Court's ruled that district courts do not have jurisdiction to hear challenges to EPA’s rule defining waters of the United States because courts of appeal have original jurisdiction over “any effluent limitation or other limitation" citing § 509(b)(1) of the CWA, 33 U.S.C. [read post]
30 Aug 2015, 2:00 am by Anthony B. Cavender
 Court of Appeals for the Eighth Circuit issued a Clean Water Act (CWA)  ruling affirming the decision of the lower court that STABL, Inc. the former owner and operator of a rendering plant in Lexington, Nebraska, violated the CWA and the Nebraska Environmental Protection Act. [read post]
28 Aug 2015, 7:35 am
The CWA is primarily concerned with surface waters (rivers, lakes, streams, etc.). [read post]
28 Aug 2015, 7:33 am by Seth Jaffe
Both the Georgia and West Virginia opinions cogently explain why the WOTUS rule is an “other limitation under existing CWA cases. [read post]
23 Aug 2015, 6:35 pm by Joe Koncelik
Under the Clean Water Act (CWA), you cannot impact a federally protected stream or wetland unless you obtain a 404 permit from the Army Corps of Engineers (ACOE).See 33 U.S.C. [read post]
10 Aug 2015, 6:35 am by Jim Sedor
Lobbying “Bennet, Franken Introduce Lobbying Reform Bill – CWA Goes after Planned Parenthood Consultant – New Dems Break Fundraising Record” by Tarini Parti for Politico Ohio: “Redflex-Funded Groups Helped Columbus Lobby for Cameras” by Lucas Sullivan for Columbus Dispatch Campaign Finance “IRS Mismanaged Tea Party Groups, Senate Report Finds” by Bernie Becker for The Hill Minnesota: “Mark Dayton Drew Big Inaugural Checks after… [read post]