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10 Aug 2016, 2:00 am
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
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
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
., 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
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
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]
20 Jun 2016, 4:27 pm
The proposed wetland definition is similar, but not identical, to the federal definition in the CWA. [read post]
20 Jun 2016, 4:27 pm
The proposed wetland definition is similar, but not identical, to the federal definition in the CWA. [read post]
2 Jun 2016, 2:00 am
If there is a question about the applicability of the CWA to a project, the of Corps of Engineers will determine, on its own initiative or following a request for a determination by the project sponsor, whether or not the project is subject to the CWA. [read post]
31 May 2016, 9:52 am
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]
31 May 2016, 9:20 am
If the Army Corps says “no,” then the landowner is in the clear (at least under the CWA). [read post]
31 May 2016, 8:33 am
[SCOTUSblog materials] that the Corps' determination that a property contains waters protected by the Clean Water Act (CWA) [text] constitutes a "final agency action" reviewable under the Administrative Procedure Act [text, PDF]. [read post]
26 May 2016, 11:25 am
U.S. [read post]
26 May 2016, 11:25 am
U.S. [read post]
25 May 2016, 11:25 am
From the EPA: Summary Section 518 of the Clean Water Act (CWA) authorizes EPA to treat eligible Indian tribes with reservations in a similar manner to states (TAS) for a variety of purposes, including administering each of the principal CWA regulatory programs and receiving grants under several CWA authorities. [read post]
18 May 2016, 9:00 am
“Executives repeatedly have claimed that Verizon offshores few jobs, and none that affect our members,” CWA President Chris Shelton said. [read post]
31 Mar 2016, 12:04 pm
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]
30 Mar 2016, 12:48 pm
What is the practical impact of a JD that finds a property is subject to CWA requirements? [read post]
28 Mar 2016, 11:09 am
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
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]
