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The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

It is only when you look back at the history of federal wetland regulation that you realize just how radical and destructive this decision was. For instance, under the Court’s reasoning, a Reagan Administration regulation as a blatantly illegal environmentalist overreach. Here’s a timeline of the major events.

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Powerful Industry’s Torrent of Manure Overwhelms State Regulators

Circle of Blue

Powerful Industry’s Torrent of Manure Overwhelms State Regulators Cause of Michigan’s worst water pollution is too much waste spread on too little land. To a large extent the harmful algal blooms that foul Michigan’s waters and turn western Lake Erie into a toxic inland sea are the result of mismatches. . Photographs by J.

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Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Acoel

Porter This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The regulations also limited the time within which a state was required to act on a request for certification.

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Bridge to Troubled Waters: US Supreme Court Guts Wetlands Protections

Union of Concerned Scientists

The case involved an Idaho couple who wanted to develop over a wetland on their property near a lake; all nine justices on the high court concurred that the EPA went too far in regulating the particular wetland on the couple’s property. More than half of the nation’s $5.6 Most people understand this.

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Opposition to CAFOs Mounts Across the Nation

Circle of Blue

A wave of frontline resistance is now breaking across the Upper Midwest and around the country as organized campaigns aimed at regulating concentrated animal feeding operations, known as CAFOs, are being felt at every level of government, and in state and federal courts. to issue new rules that limit discharges of CAFO wastes into waters.

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Supreme Court Adopts Major New “Functional Equivalent Test” for Discharges under Clean Water Act

Ohio Environmental Law

Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. A source of ongoing debate over the scope of the Clean Water Act has been to what extent does the statute regulate discharges when they come into contact with groundwater?

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The Trump 401 Certification Rule is Vacated — Does Anyone Actually Care If Section 401 Works?

Law and Environment

Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act. EPA had requested remand, and made clear that it disagreed with the amendments promulgated in 2020, but it opposed vacatur.