Search for: "CWA"
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The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For
26 Aug 2021, 2:39 pm
From there it was fairly easy to conclude that it was not arbitrary and capricious under the “significant nexus” test to find that the Sacketts’ property was subject to CWA jurisdiction. [read post]
25 Aug 2021, 2:07 pm
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
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
“Court rejects CWA challenge, tees up Supreme Court showdown”: Jeremy P. [read post]
17 Aug 2021, 6:33 am
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
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
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]
1 Jul 2021, 3:00 am
Welcome to Abbott & Kindermann, Inc. [read post]
1 Jul 2021, 3:00 am
Welcome to Abbott & Kindermann, Inc. [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]
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]
3 Jun 2021, 3:00 am
Although PG&E argued that the discharges in question from Cannery MGP constituted one single CWA violation that occurred more than five years before the claim, the Court found that the complaint contained sufficient allegations to plausibly show that each discharge could each constitute a separate CWA violation. [read post]
3 Jun 2021, 3:00 am
Although PG&E argued that the discharges in question from Cannery MGP constituted one single CWA violation that occurred more than five years before the claim, the Court found that the complaint contained sufficient allegations to plausibly show that each discharge could each constitute a separate CWA violation. [read post]
25 May 2021, 12:39 pm
The federal government countered that a 2004 Clean Water Act (CWA) settlement with U.S. [read post]
21 May 2021, 4:00 am
Citing Newsday Inc. v Long Island Typographical Union No. 915, CWA, AFL-CIO, 915 F2d at 844-845, the Appellate Division noted that the United States Court of Appeals, Second Circuit, held that an arbitral award was properly vacated under the public policy exception where an arbitrator reinstated a terminated employee who had engaged in multiple acts of sexual harassment. [read post]