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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.” a)(3) (2012). Furthermore, section 404 permits under the Clean Water Act are very expensive.

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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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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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Environmental Penalties: Disparity and Discretion

Acoel

Environmental law enforcement seeks to achieve greater compliance by punishing intentional violations and ensuring that violators do not achieve a competitive advantage through avoidance of compliance costs. To achieve that goal, regulators must balance the desire for uniformity with the need for discretion.

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You Cannot Just Read the Regulations to Understand Stormwater Permitting for Oil and Gas Activities!

The Energy Law Blog

Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. The 1987 amendments to the Clean Water Act (“CWA”) added language creating a permitting exemption for uncontaminated runoff from Oil and Gas operations.

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Elk River Spill Aftermath: Do We Need New Regulations and From Whom?

Vermont Law

The Freedom Industries chemical spill in Charleston, West Virginia exposed holes in state and federal regulations for chemical storage tanks. 1961 – seeks to close existing loopholes and provide additional federal oversight where current state laws do not apply. However, West Virginia law. However, West Virginia law.

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The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law Blog

The contractors were also charged with certain misdemeanor Clean Water Act violations. Earlier this week, the Fifth Circuit ruled against the government finding that contractors cannot criminally violate these OCSLA regulations. The district court agreed and dismissed those charges, after which the government appealed.

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