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28 Apr 2021, 8:11 am by Robert Percival
  Justice Sonia Sotomayor later noted that CERCLA and the CWA address very different harms, with CERCLA focusing on releases of hazardous substances, while the CWA covers unpermitted discharges of pollutants. [read post]
11 Nov 2011, 8:29 am by Joe Koncelik
This case involves EPA's enforcement authority under all its major statutes (CWA, RCRA, CAA and CERCLA). [read post]
12 Apr 2023, 9:05 pm by Omar Khodor
He forecasts that a CWA citizen lawsuit may soon require the U.S. [read post]
Army Corp of Engineers (“USACE”) and a Louisiana landowner over the agency’s Clean Water Act (“CWA”) jurisdiction over the subject property. [read post]
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]
4 Mar 2021, 5:22 pm by Arthur F. Coon
  The First District held it “may be correct” that the regional board’s purported rescission and reissuance of the 2016 CWA § 401 WQC certificate in the case before it was invalid because it violated the federal CWA’s one-year time limit (33 U.S.C. [read post]
25 Jun 2020, 10:00 pm by Samuel Estreicher and Daniel Folsom
Plaintiffs, environmental groups seeking to enforce the CWA, brought suit after a study conducted by the EPA (among others) found that 64% of the partially treated wastewater injected into two of the plants’ wells ultimately made its way into the ocean.The County contended that the CWA prohibition applied only to direct additions of pollutants into the ocean: by its argument, a pipe that discharged pollutants directly into navigable waters would require a permit, but a pipe… [read post]
6 Nov 2008, 4:37 pm
From the Consumerist blog (via my colleague Jessica Slavin): Emails are shooting around to Geek Squad employees, encouraging them to join the Communications Workers of America union, so Best Buy retorts with emails of its own to voice its concerns.... [read post]
22 Jun 2011, 12:41 pm by Donald Barbati
  As reported bynj.com, a public worker union local plans to take New Jersey to court over missed pension payments. [read post]
7 Dec 2008, 3:03 pm
The president-elect is promising a massive public works campaign.After 18 years as a natural resources lawyer, I can confidently say that no matter what the project and no matter who the sponsor, any major new public... [read post]
13 Jun 2011, 11:05 am by Donald Barbati
  As reported by nj.com, the state’s largest public employee union said State Senate President Stephen Sweeney has released misleading information about how his health benefit overhaul will affect the pocketbooks of workers. [read post]
3 May 2018, 10:30 am by Brad Schnure
Murphy Reveals CWA Raises & Back Pay to Cost NJ Taxpayers $148.9 Million Senator Mike Doherty expressed grave concern that the massive cost of pay raises that Governor Phil Murphy wants to give a public employee union matches almost dollar for dollar the steep cuts his administration proposed to the popular Homestead Benefit property tax relief program. [read post]
28 Jun 2018, 9:10 pm by Anthony B. Cavender
Army Corps of Engineers’ (Corps) motion for summary judgment dismissing the Orchard Hill Building Company’s (Orchard) complaint that the Corps’ jurisdictional determination erroneously found that the waters at issue were “jurisdictional waters” under the Clean Water Act (CWA) subject to the Corps’ jurisdiction. [read post]
14 Oct 2013, 7:35 am by Walter James
  The study is applicable to upstream waters and wetlands that do not have a permanent connection to traditional navigable waterways (the USEPA also withdrew its earlier guidance intended to clarify the scope of CWA jurisdiction). [read post]
30 Oct 2013, 8:20 am by Matthew L.M. Fletcher
§ 403, and the Clean Water Act (“CWA”), 33 U.S.C. [read post]