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Wetlands Protection Update

Smith Enviorment

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. See State Law: Removing Wetlands from “Waters of the State”.) Army Corps of Engineers defining Clean Water Act jurisdiction over streams and wetlands. October 30, 2023. EPA and the U.S.

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

Law and Environment

The exclusions are lengthy and complicated, but can be conveniently placed into four categories. Facilities in any of the categories are excluded from the definition of “brownfield site”. Facilities that are actually federal superfund sites, including: Sites on the National Priorities List (or proposed for listing).

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Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA

Ohio Environmental Law

The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. Furthermore, as detailed on EPA’s webpage , CERCLA liability is: Retroactive – Parties may be held liable for acts that happened before Superfund’s enactment in 1980.

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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]. The APA lists six categories of agency actions that qualify as a type of misconduct that would allow the courts to intervene through judicial review. [5].

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Billions Flow to Water Systems from Federal Pandemic Relief Funds

Circle of Blue

The American Rescue Plan Act — the relief bill that President Joe Biden signed into law on March 11, 2021 — set aside $350 billion to assist states, tribes, territories, and local governments in responding to financial challenges wrought by the pandemic. 1 will make are one of four broad spending categories authorized by the act.

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What’s Up With Water – February 22, 2022

Circle of Blue

One of four broad spending categories authorized by the act are water infrastructure improvements like those needed by Iberia Parish. Since the act became law nearly a year ago, government agencies have been determining how to divide their share of the pie. Oregon put $500,000 toward building fish bypasses at dams.

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Trump Administration’s Navigable Waters Protection Rule and Its Impact on Ohio

Ohio Environmental Law

On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule. groundwater).