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Post-Sackett, Who Will Speak for the Clean Water Act?

Law and Environment

Stamford, CT, USA – November 18, 2012: “The Lorax” balloon is one of the many hot air balloons participating in the city of Stamford annual “Thanksgiving Day Parade” held in the downtown area of the city. The post Post-Sackett, Who Will Speak for the Clean Water Act?

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Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

Acoel

The Supreme Court is stepping once more into Clean Water Actwaters of the United States,” more popularly known as WOTUS. If you’re a Clean Water Act wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!” United States.

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The Supreme Court Looks for a Middle Ground to Determine When Clean Water Act Permit is Required for Discharges to Groundwater

The Energy Law Blog

where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions).

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This isn’t an early April Fools joke — the US Forest Service is applying for a NPDES permit to keep fighting forest fires!

Acoel

Posted on March 28, 2023 by Jeff Porter Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to continue fighting forest fires from the air.

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Federal Water Tap, April 3: DHHS Seeks Household Water Debt Data

Circle of Blue

The last new facility to come online was in 2012. News Briefs Congress Passes Resolution to Overturn Administration’s Clean Water Rules The Senate joined the House in passing a resolution to overturn the Biden administration’s rules for determining which water bodies are protected by the federal Clean Water Act.

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Regulating the Regulators: Supreme Court Allows Judicial Review of Clean Water Act Determinations

The Energy Law Blog

The Corps’ definition of whether property constitutes “waters of the United States” is significant because the Clean Water Act regulates the discharge of pollutants into “the waters of the United States.” The Corps has defined the waters of the United States very broadly, along the lines of the Commerce Clause.

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The Stream, May 3, 2023: Native Hawai’i Farmers Advocate For Land Back While Restoring Historic Water Systems

Circle of Blue

The Supreme Court will decide which wetland ecosystems are included in the Clean Water Act, the law that regulates the dumping of pollutants into American waters. Amidst drought, farmers in southern Taiwan are being paid not to grow crops as the government reserves water for semiconductor production.

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