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25 May 2023, 10:00 pm
In addition to significantly narrowing the scope of the Clean Water Act’s (CWA’s) jurisdiction, the decision is likely to complicate the litigation surrounding implementation of the Biden administration’s recent “waters of the United States” rule. [read post]
25 May 2023, 10:00 pm
In addition to significantly narrowing the scope of the Clean Water Act’s (CWA’s) jurisdiction, the decision is likely to complicate the litigation surrounding implementation of the Biden administration’s recent “waters of the United States” rule. [read post]
25 May 2023, 9:03 pm by Dan Flynn
The Ninth Circuit Appeals Court affirmed, holding that the CWA covers wetlands with an ecologically significant nexus to traditional navigable waters and that the Sacketts’ wetlands satisfy that standard. [read post]
25 May 2023, 1:33 pm by Jonathan H. Adler
Writes Justice Alito: the Act applies to "navigable waters," which had a well-established meaning at the time of the CWA's enactment. [read post]
Ultimately, the ruling hinders the Environmental Protection Agency’s (EPA) ability to protect wetlands via the CWA. [read post]
25 May 2023, 8:40 am by Amy Howe
” The CWA defines navigable waters as “waters of the United States. [read post]
27 Apr 2023, 11:54 am by Brigit Rollins
Over the last month, there have been several developments in the litigation over implementation of the key Clean Water Act (“CWA”)... [read post]
17 Apr 2023, 10:58 am by Paul R. Recupero
The WOTUS Rule, which defines the waters that are subject to federal permitting and oversight under the Clean Water Act (CWA) by the U.S. [read post]
17 Apr 2023, 10:58 am by Paul R. Recupero
The WOTUS Rule, which defines the waters that are subject to federal permitting and oversight under the Clean Water Act (CWA) by the U.S. [read post]
17 Apr 2023, 10:58 am by Paul R. Recupero
The WOTUS Rule, which defines the waters that are subject to federal permitting and oversight under the Clean Water Act (CWA) by the U.S. [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]
by Pillsbury's Construction & Real Estate Law Team Making good on a promise to redefine the Clean Water Act (CWA) term, “Waters of the United States” or WOTUS, on January 18, 2023, the latest revised definition of “Waters of the United States” was published in the Federal Register by the U.S. [read post]
29 Mar 2023, 4:39 pm by Eugene Volokh
There's long been a dispute about whether religious freedom provisions limit the government's power related to religious sites on government land. [read post]
24 Mar 2023, 10:18 am by James J. Scherer
The Clean Water Act (CWA) and the Environmental Protection Agency (EPA) are no stranger to controversy and legal challenge. [read post]
13 Mar 2023, 2:58 pm by Kevin Rogers
On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the Clean Water Act (CWA or the Act). [read post]
 DWR prepared the EIS as part of the process of satisfying the Federal Clean Water Act (“CWA”), which requires applicants for federal licenses involving activities that may result in discharges into navigable waters to obtain certification from state agencies that the discharge will comply with both state and federal water quality laws. [read post]
1 Mar 2023, 4:23 pm by Guest Author
Army Corps of Engineers were precluded from relying on this rule when enforcing the CWA within the Fourth Circuit, but they continued to rely upon it throughout the rest of the country until (some twelve years later) the Supreme Court invalidated the rule on substantive grounds. [read post]
24 Feb 2023, 4:54 pm by Kalvis Golde
Believing that the construction fell under an agricultural exemption to the CWA, the Smiths proceeded without a water-pollution permit. [read post]
22 Feb 2023, 3:23 pm by Maggie Pahl
Filling in or polluting wetlands stunts their ability to store and filter floodwater, control erosion, improve water quality by trapping sediments, serve as a nursery to replenish fish stock, and provide a unique habitat for plants, wildlife, and fish.[2] Furthermore, wetlands are necessary for the continued existence of endangered species such as the American Black Duck.[3] Prior to European colonization, the continental United States had over 221 million acres of wetlands.[4] However, rapid… [read post]
16 Feb 2023, 1:07 pm by Don Asher
  For vinyl chloride, as an example, the CWA warns its union members that: CWA members are most often exposed to vinyl chloride as a result of the inhalation of or breathing the chemical’s vapors. [read post]