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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

The wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. Army Corps of Engineers (ACE), the two federal agencies conferred by Congress with authority to oversee federal CWA implementation. at (slip op.

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Sierra Club v. Virginia Electric & Power Co.: How a Clean Water Act Misinterpretation May Open the Floodgates to Future Groundwater Polluters

Vermont Law

Since Congress enacted the Federal Water Pollution Control Act (Clean Water Act), federal circuit courts have contemplated the issue of whether groundwater pollution falls under the “navigable water” provision of the Clean Water Act’s (CWA)—albeit without tenable guidance.

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It’s Good to Be a Brownfield Site — As Long As It’s Not Too Brown

Law and Environment

It turns out that the common sense definition most people think of when they think about brownfield sites is not what Congress had in mind when it defined the term under CERCLA. The exclusions are lengthy and complicated, but can be conveniently placed into four categories. Here’s where the fun starts.

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Federal Water Tap, May 31: EPA Proposes Protection for Salmon-Rich Bristol Bay

Circle of Blue

The EPA intends to deny a Clean Water Act permit for a mine development in Alaska’s Bristol Bay watershed. Officials sign a Navajo-Utah water rights settlement. The EPA announces an interagency working group for water reuse. Water Reuse Working Group. government water policy. The Rundown.

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Bounty laws and citizen suits

Acoel

Supreme Court refused to enjoin the Texas statute because the plaintiffs lacked standing to sue state officials who had not yet acted on possible future private party actions under the new law. It remanded the case to the Fifth Circuit for further review of a narrow category of state officials who might still be sued in state court.

Law 52
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Remedying Agency Misconduct

Vermont Law

These comments expressed major concerns that the permit MPCA planned to issue to PolyMet did not comply with the Clean Water Act. [2]. Government agencies commonly engage in misconduct of some sort, which is why Congress created the APA. All agency misconduct damages society but not to the same extent.

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In A Year of Water Quality Reckoning, National Imperative is Impeded

Circle of Blue

Fifty years ago the Great Lakes Water Quality Agreement was signed and the Clean Water Act was enacted to clear pollution from the region’s waters. clean water statute, though, give farmers and their wastes special treatment. A Weakened National Imperative. Both the bi-national agreement and the U.S.