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8 Aug 2012, 7:49 am by Walter James
On March 21, 2012, John Tuma was found guilty on all five counts under the indictment (conspiracy, obstruction and three CWA counts). [read post]
7 Aug 2012, 5:58 am
 The fundamental issue for the Court in reviewing the delay issue was that: Neither the CWA nor EPA regulations permit the EPA to delay issuance of a new permit indefinitely until better science can be developed, even where there is some uncertainty in the existing data. *** In almost every case, more data can be collected, models further calibrated to match real world conditions; the hope or anticipation that better science will materialize is always present, to some degree, in the… [read post]
6 Aug 2012, 12:02 pm by Leland E. Beck
  The court concluded that EPA overstepped its statutory authority under the CWA and the SMCRA, and infringed on the authority afforded state regulators by those statutes by issuing mandatory guidance that effectively removed critical discretion from the state regulators authority. [read post]
6 Aug 2012, 12:02 pm by Leland E. Beck
  The court concluded that EPA overstepped its statutory authority under the CWA and the SMCRA, and infringed on the authority afforded state regulators by those statutes by issuing mandatory guidance that effectively removed critical discretion from the state regulators authority. [read post]
5 Aug 2012, 10:41 pm by Leland E. Beck
EPA Feeding Animals:  The EPA removed a requirement that animal feed lots must apply for a CWA permit before building a manure management system and a voluntary certification option for feed lots that do not have permits. [read post]
5 Aug 2012, 10:41 pm by Leland E. Beck
EPA Feeding Animals:  The EPA removed a requirement that animal feed lots must apply for a CWA permit before building a manure management system and a voluntary certification option for feed lots that do not have permits. [read post]
1 Aug 2012, 5:30 pm by Colin O'Keefe
Government Moves to Fast Track Solar Development on Public Lands – Buffalo lawyer Michael Hecker of Hodgson Russ on the firm’s Clean and Green Law Blog EPA Loses Another Battle in the War Over Guidance: Judge Walton Rejects EPA’s Final Guidance On Mountaintop Removal Permits under the CWA. [read post]
23 Jul 2012, 8:25 am
"It would have been a duplicative and burdensome paperwork exercise for producers and clearly was an effort to undermine court decisions that said producers who don't discharge into waterways don't need a CWA permit. [read post]
20 Jul 2012, 2:21 am
Non-point source runoff is exempt from CWA permitting requirements and is left instead to state regulation. [read post]
17 Jul 2012, 5:00 am by Dan Walter
  In addition, the plaintiffs claim that the promulgation of NWP 12 by the Corps is itself a violation of CWA and the Administrative Procedures Act (APA). [read post]
17 Jul 2012, 5:00 am by Dan Walter
  In addition, the plaintiffs claim that the promulgation of NWP 12 by the Corps is itself a violation of CWA and the Administrative Procedures Act (APA). [read post]
5 Jul 2012, 12:51 pm by WIMS
Its decision in 2009 to proceed with the project was consistent with NEPA, the CWA, and the CZMA. [read post]
29 Jun 2012, 7:01 am by Walter James
On March 21, 2012, John Tuma was found guilty on all five counts under the indictment (conspiracy, obstruction and three CWA counts). [read post]
28 Jun 2012, 1:10 pm by WIMS
However, because the Corps did not violate the CWA, it also did not violate NEPA. [read post]
27 Jun 2012, 1:40 pm by WIMS
The petitioners contend the license renewal was unlawful because Entergy failed to furnish a state Water Quality Certification (WQC) which they assert was required under section 401(a)(1) of the Clean Water Act (CWA). [read post]
25 Jun 2012, 9:47 am by Kali Borkoski
§ 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? [read post]
25 Jun 2012, 9:47 am by Kali Borkoski
§ 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? [read post]
21 Jun 2012, 6:14 am by Walter James
On June 20, 2012, Cody Tuma was sentenced in the United States District Court for the Western District of Louisiana after having pled guilty to one misdemeanor count of discharges to the Red River in violation of the CWA. [read post]
20 Jun 2012, 10:34 am by Walter James
As I posted March 1, 2012, on February 28, 2012, Cody Tuma pled guilty to one misdemeanor count of discharges to the Red River in violation of the CWA. [read post]