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2 Oct 2023, 5:55 am by Colby Galliher
Much of that uncertainty arose from the CWA’s lack of a textual definition for WOTUS. [read post]
26 Sep 2023, 1:25 pm by James J. Scherer
In that case, while all agree the CWA provides some protection to the nation’s waterways and wetlands, it has long been up to courts to determine how far those protections go. [read post]
While the new WOTUS rule inevitably means that fewer CWA permits will be required nationwide, it remains to be seen whether and to what extent states will step in to fill this regulatory role. [read post]
6 Sep 2023, 8:21 am by Michael Kiparsky
But the intent of the CWA is also not to serve as a roadblock to doing things that are cheaper, more effective, and better for the environment. [read post]
22 Aug 2023, 9:00 pm by Sherica Celine
Extent of Federal Jurisdiction over Wetlands Waters of the United States The primary basis for the federal regulation of wetlands derives from Section 404 of the Federal Water Pollution Control Act, commonly known as the Clean Water Act (CWA). 4 CWA Section 404 grants the U.S. [read post]
” The Court rejected this interpretation as “inconsistent with the text and structure of the CWA,” and also stated that such a broad scope of authority would “give[] rise to serious vagueness concerns in light of the CWA’s criminal penalties. [read post]
12 Jul 2023, 9:05 pm by Monika U. Ehrman
Charged with enforcing the CWA, both the U.S. [read post]
5 Jul 2023, 9:05 pm by Dan Flynn
As Sackett explained, the CWA does not contain a significant nexus test and therefore the Agencies have no authority to impose it. [read post]
26 Jun 2023, 7:14 pm by Sabrina I. Pacifici
EPA, a case with significant implications for the scope of 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]
6 Jun 2023, 8:29 am by Paul R. Recupero
The CWA prohibits the discharge of pollutants into “navigable waters,” which the CWA defines as “the waters of the United States. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
The CWA prohibits the discharge of pollutants into “navigable waters,” which the CWA defines as “the waters of the United States. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
The CWA prohibits the discharge of pollutants into “navigable waters,” which the CWA defines as “the waters of the United States. [read post]
However, the EPA sought to exercise jurisdiction, based on the assertion that the lot contained wetlands and backfilling it violated the CWA. [read post]
1 Jun 2023, 4:45 am by Jonathan H. Adler
In doing so, Justice Alito's opinion for the Court adopted the interpretation of the CWA articulated in Justice Scalia's four-justice plurality from Rapanos v. [read post]