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29 Oct 2023, 9:00 am
Goodwin of the United States District Court for the Southern District of West Virginia, Charleston Division granted summary judgment against the operator of three defunct surface mines for past violations of the Clean Water Act (“CWA”) and Surface Mining Control and Reclamation Act (“SMCRA”) but granted summary judgment in favor of the operator with regard to claims of ongoing permit violations, finding that the Plaintiffs’ theories constituted a collateral… [read post]
10 Oct 2023, 1:50 pm
These wetlands will still be subject to CWA jurisdiction. [read post]
2 Oct 2023, 5:55 am
Much of that uncertainty arose from the CWA’s lack of a textual definition for WOTUS. [read post]
26 Sep 2023, 1:25 pm
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]
8 Sep 2023, 12:59 pm
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
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]
4 Sep 2023, 12:09 pm
Ohio did enact protections of wetlands beyond the CWA. [read post]
4 Sep 2023, 12:09 pm
Ohio did enact protections of wetlands beyond the CWA. [read post]
22 Aug 2023, 9:00 pm
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]
9 Aug 2023, 1:36 pm
” 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
Charged with enforcing the CWA, both the U.S. [read post]
5 Jul 2023, 9:05 pm
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
EPA, a case with significant implications for the scope of federal jurisdiction under the Clean Water Act (CWA). [read post]
26 Jun 2023, 12:00 am
EPA, a case concerning the outer limits of the Clean Water Act (“CWA”). [read post]
26 Jun 2023, 12:00 am
EPA, a case concerning the outer limits of the Clean Water Act (“CWA”). [read post]
15 Jun 2023, 1:46 pm
The CWA, problematically, does not offer guidance. [read post]
6 Jun 2023, 12:36 pm
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
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
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
The CWA prohibits the discharge of pollutants into “navigable waters,” which the CWA defines as “the waters of the United States. [read post]
