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27 Jan 2017, 2:20 pm
Background As we’ve explained in past articles, this litigation arose March 16, 2015, when the Des Moines Board of Water Works Trustees (DMWW) filed a federal Clean Water Act (CWA) lawsuit against 10 drainage districts (and their trustees) in Buena Vista, Sac, and Calhoun Counties in Iowa. [read post]
27 Jan 2017, 2:20 pm
Background As we’ve explained in past articles, this litigation arose March 16, 2015, when the Des Moines Board of Water Works Trustees (DMWW) filed a federal Clean Water Act (CWA) lawsuit against 10 drainage districts (and their trustees) in Buena Vista, Sac, and Calhoun Counties in Iowa. [read post]
27 Jan 2017, 12:26 pm
The CWA provides for federal foster care and adoption assistance to eligible states. [read post]
14 Jan 2017, 8:31 am
It’s a narrow question, but also an important one under the CWA. [read post]
30 Dec 2016, 1:27 pm
The CWA provides that the states are to set the TMDL and the EPA is to approve or disapprove it. [read post]
30 Dec 2016, 1:27 pm
The CWA provides that the states are to set the TMDL and the EPA is to approve or disapprove it. [read post]
16 Dec 2016, 8:11 am
“CWA supports quarterly pension payments,” she said. [read post]
8 Dec 2016, 9:31 am
By Shannon Roesler The political climate that facilitated the passage of major pollution-control statutes, such as the Clean Air Act (CAA) and the Clean Water Act (CWA), may seem difficult to imagine today. [read post]
22 Nov 2016, 6:43 am
“CWA supports quarterly pension payments. [read post]
9 Nov 2016, 5:57 am
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
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
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]
16 Sep 2016, 12:49 pm
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
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
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
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]
