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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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November 2017 Updates to the Climate Case Charts

Law Columbia

The court said the plaintiff had not alleged an injury connected to any particular action or law and that her allegations instead suggested disagreements with the defendants’ policy positions, which made her claims nonjusticiable political questions. Army Corps of Engineers had violated the Clean Water Act.

2017 40
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Opposition to CAFOs Mounts Across the Nation

Circle of Blue

It’s now being raised as a political issue. 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. Water worries. As a legal issue. As a legislative issue.”.