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The NWPR was issued in 2020 and changed the interpretation of the definition of “waters of the United States” under the Clean Water Act (“CWA”). [read post]
The NWPR was issued in 2020 and changed the interpretation of the definition of “waters of the United States” under the Clean Water Act (“CWA”). [read post]
3 Oct 2021, 10:39 am by Joseph Koncelik
  The Court ruled, that in certain circumstances, a CWA permit was needed for discharges to groundwater. [read post]
’s waters, because the NWPR excludes certain waters from the protections required by the CWA. [read post]
22 Sep 2021, 1:57 pm
The regulatory definition of "waters of the United States" (WOTUS), a key term in the Clean Water Act (CWA) establishing the scope of federal jurisdiction, once again is changing. [read post]
31 Aug 2021, 4:09 pm by Jonathan H. Adler
This definition is important because it determines the scope of federal regulatory authority under the CWA, including what wetlands are subject to CWA permitting requirements as part of the "waters of the United States. [read post]
25 Aug 2021, 2:07 pm by Jonathan H. Adler
Thus, showing that a given property satisfies the regulations does not demonstrate that the property is, in fact, subject to CWA regulation. [read post]
25 Aug 2021, 12:26 pm by Anthony B. Cavender
The Sacketts’ argument was that the text of the Clean Water Act, as interpreted by Justice Scalia and three other Justices, was controlling, but for several years, the Ninth Circuit has relied on Justice Kennedy’s opinion in these CWA controversies. [read post]
18 Aug 2021, 10:23 am by Howard Bashman
“Court rejects CWA challenge, tees up Supreme Court showdown”: Jeremy P. [read post]
17 Aug 2021, 6:33 am by James Romoser
Here’s the Tuesday morning read: The New York eviction moratorium decision and the problems of the shadow docket (Mark Tushnet, Balkinization) Court rejects CWA challenge, tees up Supreme Court showdown (Jeremy Jacobs & Hannah Northey, E&E News) The Supreme Court Must End Coercive Abortion Mandates (Alexandra DeSanctis, National Review) The Justice Scalia Mythology that Still Haunts our Politics and our Law (Eric Segall, Dorf on Law) The post The morning read for Tuesday, Aug.… [read post]
23 Jul 2021, 6:34 am by Steven Porzio and Elizabeth Dailey
Jennifer Abruzzo most recently served as Special Counsel for Strategic Initiatives for the Communications Workers of America (CWA). [read post]
15 Jul 2021, 3:52 pm by Jonathan H. Adler
The Obama Administration sought to address the lingering uncertainty about the scope of CWA jurisdiction by issuing a broad WOTUS rule. [read post]
11 Jul 2021, 9:00 am
On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. [read post]
28 Jun 2021, 10:00 pm
This review could result in reversing the prior determination that the Clean Water Act’s (CWA’s) technology-based effluent limits do not apply. [read post]
28 Jun 2021, 10:00 pm
This review could result in reversing the prior determination that the Clean Water Act’s (CWA’s) technology-based effluent limits do not apply. [read post]
28 Jun 2021, 10:00 pm
This review could result in reversing the prior determination that the Clean Water Act’s (CWA’s) technology-based effluent limits do not apply. [read post]