Remove category migratory-bird
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July 2017 Updates to the Climate Case Charts

Law Columbia

The plaintiffs in lawsuits challenging the cap-and-trade program had argued that it was not authorized by the Global Warming Solutions Act of 2006 and that the requirement to purchase emissions allowances constituted a tax that required approval by a two-thirds majority of the State legislature.

2017 40
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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act

The Energy Law Blog

715 (2006). In SWANCC, the Supreme Court addressed the question of CWA jurisdiction over isolated, non-navigable, intrastate ponds, and concluded that CWA jurisdiction could not be based solely on the presence of migratory birds. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) and Rapanos v. United States, 547 U.S.

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The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

A footnote explains that this category includes “”all other waters of the United States that could be regulated under the federal government’s Constitutional powers to regulate and protect interstate commerce.” Supreme Court strikes down a rule covers any wetland or pond used by migratory birds. President George H.W.

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Policy News: November 22, 2021

ESA

EPA unveiled a proposed rule that would take the Navigable Waters Protection Rule off the books and reinstate long-standing regulations defining which streams and wetlands are subject to federal protection, a category known as “Waters of the U.S.,” NOAA NMFS – Call for Nominations for the Atlantic Highly Migratory Species Advisory Panel.

2021 105
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Policy News: June 14, 2021

ESA

By October, Interior says it will complete its revocation of a controversial late Trump-era rule weakening protections for migratory birds. The racist legacy many birds carry – The Washington Post. Odds and ends: EPA says it will reconsider a 2020 Trump regulation known as the Major MACT to Area, or MM2A, rule.

2021 98