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30 Jul 2015, 2:00 am by Anthony B. Cavender
Rayonier’s defense was that the water quality standards were not incorporated into its permit, and the CWA’s “permit shield” provisions shields Rayonier from liability under the CWA. [read post]
7 Nov 2014, 9:46 am by Liskow & Lewis
The government’s Complaint alleges six causes of action: CWA § 309(d) civil penalties for violations of CWA § 301(a) for unauthorized chemical dispersant discharges; CWA § 309(d) civil penalties for permit violations; CWA § 311(b)(7)(A) and (D) civil penalties for oil discharge violations; Injunctive relief under OCSLA, 43 U.S.C. [read post]
29 Nov 2012, 7:49 pm by Holly Doremus
Although both the US and petitioners seem to think that any challenge to any CWA regulation has to go to the Court of Appeals, that’s not what the CWA provides. [read post]
21 Nov 2021, 7:43 pm by Jonathan H. Adler
Further, DOJ can argue that Supreme Court review of CWA jurisdiction is premature, and should await the finalization of the new rule. [read post]
14 Oct 2011, 1:19 pm by WIMS
It first stated that Thiebaut did not have direct standing to assert his CWA claims in his official capacity because the Colorado Legislature has not authorized him to file a CWA citizen suit in federal court. [read post]
17 Mar 2011, 1:02 pm by Joe Koncelik
  The new guidance also applies to more programs under the Clean Water Act (CWA)  The 2008 Rapanos guidance focused only on the CWA 404 regulations governing placement of fill in wetlands and streams. [read post]
21 Mar 2012, 4:13 pm by Richard Frank
  The CWA doesn’t do so explicitly, and the justices were unwilling to imply from the CWA an abrogation of the APA’s “presumption of judicial review. [read post]
22 Jun 2014, 3:52 am
By the time Congress got around to passing the CWA in 1972, river fires were no longer a threat. [read post]
1 Mar 2017, 2:33 pm by Jonathan H. Adler
In 2001 and 2006, the Supreme Court rejected the EPA and Army Corps’ overbroad assertions of jurisdiction under the CWA. [read post]
8 Jul 2011, 1:35 pm by Brian J. Bergman
County of Los Angeles (2011) 636 F.3d 1235)  As the Court stated in the NRDC decision, the CWA does not distinguish between those who add pollutants to water and those who simply convey pollutants in water – “the [CWA] is indifferent to the originator of water pollution…[The CWA] bans the discharge of any pollutant by any person regardless of whether that person was the root cause or merely the current superintendent of the discharge. [read post]
30 Mar 2012, 1:25 pm by WIMS
S. 715 (2006)], and will not further the goal of clarifying which waters are subject to CWA jurisdiction. [read post]
15 Sep 2008, 8:09 pm
  As the court noted, the JD "simply 'reminds' the affected parties of existing duties imposed by the CWA itself and commands nothing of its own accord. [read post]
29 May 2019, 5:52 pm by Jonathan H. Adler
The precise scope of CWA jurisdiction has been the subject of litigation and legal wrangling for decades. [read post]
3 Jun 2022, 8:46 am by admin
The issue rested on the court’s interpretation of the Colorado Wage Act (CWA). [read post]