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And, according to the Corps, if a landowner is later found to have violated the CWA, the prior existence of a JD does not expose the landowner to additional penalties. [read post]
28 Mar 2016, 11:09 am by Daniel Sullivan
  The court held that the clean-up responders were entitled to derivative immunity under the CWA and to discretionary immunity under the FTCA because the clean-up responders had adhered to and acted within the scope of the federal government’s directives in their clean-up efforts. [read post]
24 Mar 2016, 10:53 am by Miriam Seifter
The concurring judge in the Eighth Circuit characterized the Court in Sackett as being “concerned with just how difficult and confusing it can be for a landowner to predict whether or not his or her land falls within CWA jurisdiction. [read post]
19 Mar 2016, 3:01 pm by Jeff Gittins
United States decision regarding the extent of Clean Water Act (CWA) jurisdiction. [read post]
8 Mar 2016, 12:35 pm by Abbott & Kindermann
is the Principal Biologist of Moore Biological Consultants, a biology-based firm specializing in compliance with Clean Water Act (CWA) and State and Federal Endangered Species Acts. [read post]
5 Mar 2016, 2:05 am by Anthony B. Cavender
§ 1321(j)(8) (CWA), entitled to discretionary function immunity under the Federal Tort Claims Act, 28 U.S.C. [read post]
3 Mar 2016, 6:00 am by Anthony B. Cavender
The regulatory definition of “Waters of the United States” is fundamental to the regulatory operation of  the CWA and those required to obtain a CWA permit will be watching the Sixth Circuit carefully. [read post]
23 Feb 2016, 10:23 am by Abbott & Kindermann
Moore, M.S. is the Principal Biologist of Moore Biological Consultants, a biology-based firm specializing in compliance with Clean Water Act (CWA) and State and Federal Endangered Species Acts. [read post]
23 Feb 2016, 9:01 am by Jon Brodkin
"For many years, VZPA [Verizon Pennsylvania] has intentionally failed to maintain its physical plant in non-FiOS areas of the Commonwealth," the CWA wrote. [read post]
19 Feb 2016, 3:58 pm by Arthur F. Coon
That Clean Water Act (“CWA”) case (which I tried in the Federal District Court for the Eastern District of California and argued in the Ninth Circuit Court of Appeals with Ed Regalia) presented issues concerning whether our rancher clients’ plowing of semi-arid rangelands in areas of seasonal wetlands to plant orchards and vineyards required a federal CWA § 404 permit, i.e., whether it constituted the “discharge” from a “point source”… [read post]
9 Feb 2016, 10:25 am by Abbott & Kindermann
is the Principal Biologist of Moore Biological Consultants, a biology-based firm specializing in compliance with Clean Water Act (CWA) and State and Federal Endangered Species Acts. [read post]
5 Feb 2016, 1:25 pm by Stephen Bilkis
Neither did it create a special relationship between the infant plaintiff and either the City's CWA or DOH. [read post]
26 Jan 2016, 2:18 pm by Abbott & Kindermann
Moore, M.S. is the Principal Biologist of Moore Biological Consultants, a biology-based firm specializing in compliance with Clean Water Act (CWA) and State and Federal Endangered Species Acts. [read post]
26 Jan 2016, 7:37 am by Jeff Gittins
United States decision regarding the extent of Clean Water Act (CWA) jurisdiction. [read post]
The CWA exempts from the definition of “point source” agricultural storm water discharges and return flows from agricultural irrigation. [read post]
14 Dec 2015, 7:54 pm by Michael Shlansky
Shortly thereafter, the USGC filed a declaratory action in the Eastern District of Texas to have TWI (along with other defendants not named herein) declared liable for the removal costs associated with the oil spill under the Oil Pollution Act of 1990 (“OPA 90”), as well as civil penalties under the Clean Water Act (“CWA”). [read post]
10 Dec 2015, 10:45 am by John Elwood
., 15-290, involve an important question under the Clean Water Act (CWA) – which experienced speed-readers recognize as a cue to skip to the next paragraph. [read post]
8 Dec 2015, 12:27 pm by Anthony B. Cavender
 EPA’s SPCC Regulation applies to nearly everyone—including farms—who manages “oil” in regulated quantities in locations where, due to the location of the oil storage facilities, any spill or release of that oil in harmful quantities could reasonably be expected to be discharged into the navigable waters of the United States in violation of the CWA. [read post]