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Blurred Lines: The Importance of Delineation Between Legislative and Non-legislative Rules Under the APA

Vermont Law

In March of 2014, the EPA and the Army Corps of Engineers issued an “interpretive rule” regarding section 404 of the Clean Water Act, circumventing a notice and comment period. Under the Administrative Procedure Act (APA), “interpretive rules” are merely advisory and do not carry the force of law. Summary. :

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

Circle of Blue

A career specialist in soils and forestry health, most of it with the Natural Resource Conservation Service, a unit of the U.S. Department of Agriculture, Van Wagner has spent 38 years in Lenawee County promoting environmentally sensitive nutrient management and cultivation practices. . A Weakened National Imperative.

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March 2018 Updates to the Climate Case Charts

Law Columbia

The plaintiffs’ complaint asserting National Environmental Policy Act (NEPA), Clean Water Act, and Rivers and Harbors Act violations included allegations that the U.S. Natural Resources Defense Council, Inc. Northern Alaska Environmental Center v. The planned pipeline is to be 162.5

2018 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Environmental Protection Agency’s (EPA’s) 2018 rule in which EPA decided to expand the D.C. Natural Resources Defense Council v. Six organizations led by Natural Resources Defense Council filed a separate petition for review in the Ninth Circuit. Natural Resources Defense Council, Inc.

2020 40
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August 2021 Updates to the Climate Case Charts

Law Columbia

Environmental Protection Agency (EPA) to issue a decision on Exxon’s application to renew the NPDES permit, which had expired in 2014. Whitewater Draw Natural Resource Conservation District v. The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow the U.S.

2021 40
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November 2017 Updates to the Climate Case Charts

Law Columbia

Environmental Protection Agency (EPA) and other governmental entities to allow continued enforcement of environmental laws related to ongoing mining operations. Alternatively, the states and environmental groups asked the D.C. Natural Resources Defense Council, Inc. 17-2780, 17-2806 (2d Cir. filed Oct.

2017 40
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Opposition to CAFOs Mounts Across the Nation

Circle of Blue

Court of Appeals issued a ruling that lends legal muscle to a five-year old petition that Food & Water Watch and 36 allies filed to compel the US Environmental Protection Agency (EPA) to update CAFO permitting regulations. to issue new rules that limit discharges of CAFO wastes into waters. Water worries.