Clean Water Act Status of U.S. Waters, 2022
Environmental Law Reporter
MAY 2, 2022
Clean Water Act Status of U.S. Waters, 2022. Mon, 05/02/2022 - 08:45. Rachel Jean-Baptiste.
Will EPA Ignore a Flagrant Violation of the Clean Water Act?
Acoel
OCTOBER 24, 2022
Posted on October 24, 2022 by Allan Gates. On October 15 th a large mob engaged in a public and ritualistic violation of the Clean Water Act in Knoxville, Tennessee. There can be no doubt the mob’s actions violated the Clean Water Act. Rocky Top, you’ll always be. Home sweet home to me.
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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization
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What’s Up With Water — March 29, 2022
Circle of Blue
MARCH 29, 2022
The report marks the 50 th anniversary of the Clean Water Act, a bedrock piece of environmental legislation. According to the report, the Clean Water Act has, thus far, failed to meet its goal of U.S. waters that are fishable and swimmable. More water news and analysis await you at circleofblue.org.
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Top Environmental Law Topics from 2022
National Law Center
DECEMBER 8, 2022
Over the past year, the environmental law arena has seen various issues and developments that have had impacts on agriculture. The post Top Environmental Law Topics from 2022 appeared first on National Agricultural Law Center.
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Environmental Law Topics to Watch in 2022
National Law Center
JANUARY 6, 2022
Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits, The post Environmental Law Topics to Watch in 2022 appeared first on National Agricultural Law Center.
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Ag and Food Law Daily Update: July 22, 2022
National Law Center
JULY 22, 2022
The post Ag and Food Law Daily Update: July 22, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
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Ag and Food Law Daily Update: August 26, 2022
National Law Center
AUGUST 26, 2022
The post Ag and Food Law Daily Update: August 26, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
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Environmental Law Highlight: Developments From the First Half of 2022
National Law Center
JULY 21, 2022
The first half of 2022 has seen a lot of development in the area of environmental law. The post Environmental Law Highlight: Developments From the First Half of 2022 appeared first on National Agricultural Law Center. From lawsuits to regulatory.
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Lower Susquehanna Riverkeeper Files Citizen Suit Against York County Landfill For Federal Clean Water Act Violations, Including PFAS Contamination
PA Environment Daily
JANUARY 11, 2023
The citizen suit cites Modern Landfill’s repeated violations of its water quality-based permit limits under the federal Clean Water Act, and unpermitted discharges of toxic per- and polyfluoroalkyl substances (PFAS). However, in June 2022, PFOS and PFOA in Kreutz Creek were measured at 374.3
Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit On Inadequate Notice
MGKF Law
AUGUST 30, 2022
In order to bring a citizen suit in federal district court under the Clean Water Act, 33 USC § 1365(a)(1), the plaintiff must first give “notice of the alleged violation” to the alleged violator, the EPA, and the State at least 60 days prior to commencing suit. In Shark River Cleanup Coalition v. §135.3(a).
EPA Fines Knouse Foods In Adams County $230,000 For 120 Violations Of Federal Clean Water Act
PA Environment Daily
DECEMBER 14, 2022
will pay a $230,000 penalty to settle alleged federal Clean Water Act violations at its fruit processing facility in Peach Glen, Adams County. It’s crucial for us to hold polluters like this accountable to protect our water,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. On December 14, the U.S.
Ag and Food Law Daily Update: September 19, 2022
National Law Center
SEPTEMBER 19, 2022
The post Ag and Food Law Daily Update: September 19, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
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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
OCTOBER 1, 2022
Posted on September 30, 2022 by Robin Kundis Craig. The Supreme Court is stepping once more into Clean Water Act “waters 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!”
The Stream, January 26, 2022: U.S. Supreme Court Will Consider Limiting Wetlands Legislation
Circle of Blue
JANUARY 26, 2022
Supreme Court will hear a case that may narrow the scope of a landmark environmental law. What’s Up With Water—January 24, 2022 – This week’s episode covers a strategically important dam in Syria that was the target of a U.S. water companies that are under scrutiny for improperly handling wastewater. On Monday, the U.S.
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Bounty laws and citizen suits
Acoel
MAY 24, 2023
Posted May 24, 2023 by Tracy Hester In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. Wade in 2022. While all eyes are on the U.S. 8, the Texas abortion bounty statute. Supreme Court reversed Roe v.
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PennEnvironment, Three Rivers Waterkeeper Sue Styropek USA To Stop Plastic Pollution In Raccoon Creek, Ohio River In Beaver County
PA Environment Daily
DECEMBER 6, 2023
for alleged violations of the federal Clean Water Act involving illegal discharges of plastics from their plastic manufacturing facility in Monaca, Beaver County. Our right as private citizens and citizen groups to directly enforce the federal Clean Water Act against violators is a critical tool we can use to achieve that goal.”
Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers
PA Environment Daily
OCTOBER 10, 2022
The two professors, David Nixon and John Zavodni, were not merely interested in the bounty provision of the law (a common feature of legislation in the late 19th century,) but they wanted to make a point: the rivers were a dump. But if Justice declined to act, the two intrepid canoers were positioned to make a political statement as well.
Why Congress Should Pass the A. Donald McEachin Environmental Justice for All Act
Union of Concerned Scientists
MAY 2, 2023
I had a small glimpse into this work in early 2022 when his office reached out to me after reading a report I co-authored on the risk of chemical spills from storage tanks in Virginia. Among its provisions, the legislation will: Require consideration of cumulative impacts in permitting decisions under the Clean Air Act and Clean Water Act.
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Storm Sewers and Impervious Cover in Maryland: A Further Update
E2 Law Blog
JUNE 7, 2022
The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part by imposing obligations on municipal separate storm sewers (MS4s) beyond the statutory minimum imposition of control to the “maximum extent practicable” or “MEP.”
The WOTUS Rule Deserves Better Judging
Environmental Law Prof Blog
APRIL 14, 2023
Earlier this week, a federal district court in North Dakota enjoined implementation of a major Clean Water Act rule. The rule, which EPA and the US Army Corps of Engineers jointly enacted late in 2022, would determine which aquatic features.
Federal Court Declines To Prohibit PA Environmental Hearing Board From Hearing Appeals Of DEP Permits Issued For Regional Energy Access Expansion Natural Gas Pipeline Project
PA Environment Daily
JUNE 6, 2023
The state permits provide the basis for the Clean Water Act 401 certification given to the project. This victory is one small step of respect for the people of Pennsylvania, the rule of law and the rights of communities nationwide.
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How to Take on a Pipeline (and Win)
Union of Concerned Scientists
OCTOBER 4, 2022
In January 2022, the Fourth Circuit US Court of Appeals ruling on a Sierra Club lawsuit stripped the Mountain Valley Pipeline of construction permits in the Jefferson National Forest. With degrees in environmental science and the law, Sligh has a foot in both the science and policy worlds and a unique perspective on their intersection.
The Allegheny Front: Three Rivers Waterkeeper Citizen Monitoring Finds Plastics Maker Styrenics LLC Discharging Plastic Nurdles Into Ohio River, Threatens Lawsuit To Stop Them
PA Environment Daily
OCTOBER 4, 2023
By Reid Frazier The following article was first published by The Allegheny Front on October 3, 2023 -- Captain Evan Clark of Three Rivers Waterkeeper started trawling the shores of the Ohio River in Beaver County in September 2022 to monitor Shell’s newly opened ethane cracker for water pollution.
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Sackett Preview: Sound and Fury Signaling What Exactly?
Acoel
OCTOBER 1, 2022
Posted on September 30, 2022 by Pat Parenteau. The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. This time the Clean Water Act is on the chopping block. Some 28 states have laws on the books mandating that state law be “ no stricter than federal law.”
WOTUS Update: EPA Releases Highly Anticipated Final Rule to Redefine “Waters of the United States”
National Law Center
JANUARY 5, 2023
On December 30, 2022, the Environmental Protection Agency (“EPA”) released its long-awaited rule to redefine the definition of “waters of the. The post WOTUS Update: EPA Releases Highly Anticipated Final Rule to Redefine “Waters of the United States” appeared first on National Agricultural Law Center.
Enviro Groups Ask EPA to Revisit CWA CAFO Rules
National Law Center
OCTOBER 27, 2022
In October 2022, a coalition of environmental groups filed a lawsuit asking the Environmental Protection Agency (“EPA”) to formally respond to. The post Enviro Groups Ask EPA to Revisit CWA CAFO Rules appeared first on National Agricultural Law Center.
Congress Takes Action to Elevate Puget Sound Recovery
Washington Nature
DECEMBER 20, 2022
TNC was pleased to host a press conference in 2016 when the federal agencies signed an MOU and we’re even more pleased now to see the Task Force get codified in law. After years of dedicated effort by Representatives Kilmer and Strickland and countless others, PUGET SOS provisions will become law. Credit: Ellen Banner/TNC. “
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Treading Water: WOTUS Once Again Before Supreme Court
National Law Center
FEBRUARY 3, 2022
In January 2022, the United States Supreme Court announced that it would once again hear arguments in the long-running case of. The post Treading Water: WOTUS Once Again Before Supreme Court appeared first on National Agricultural Law Center.
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First Circuit Overrules Precedent By Holding That Administrative Enforcement Does Not Bar CWA Citizens Suit
MGKF Law
MAY 8, 2022
Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water Act (“CWA”)? Yes, as long as the citizen suit does not seek civil penalties, according to the First Circuit in The Blackstone Headwaters Coalition, Inc. 19-2095, __ F.
Fifth Circuit Confirms Right to Jury Trial Under the Oil Pollution Act
MGKF Law
JULY 5, 2022
May 26, 2022), the Fifth Circuit ruled that the Seventh Amendment guarantees the right to a jury trial for defendants facing subrogation and recoupment claims under the Oil Pollution Act of 1990 (the “OPA”). This post was authored by summer associate Reilly Wright In United States v. ERR, LLC , No. 21-30028 (5 th Cir.
DEP Begins Accepting Applications For $103.4 Million In Abandoned Mine Reclamation Grants Starting Oct. 24
PA Environment Daily
OCTOBER 12, 2022
Limiting Methane Emissions From Conventional Oil & Gas Facilities; And A First-Ever State MCL For PFOS/PFOA [PaEN] -- Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers - By James M. The deadline for applications is January 13.
Promoting Public Awareness of Sewage Pollution in Massachusetts: An Opportunity Squandered
Acoel
FEBRUARY 1, 2022
Posted on February 1, 2022 by Robert D. Growing up in Massachusetts, we always “understood” that water we swam and recreated in was, well, “dirty.” At Fenway Park, home of the Boston Red Sox, the song “Dirty Water” (the Standell‘s 1966) was blasted out over the speaker systems immediately after the last out of every home team victory.
Tackling the Zombies
Acoel
APRIL 13, 2023
Posted on April 13, 2023 by Ridge Hall What can a frustrated state legislator do when the agency implementing the Clean Water Act fails to renew expired permits or sanction major violators? Legislation recently adopted by Maryland provides some innovative answers. Here’s the problem.
When Is An Enforcement Action Not An Enforcement Action?
Acoel
AUGUST 11, 2022
Posted on August 11, 2022 by Tommy Lavender. Dakota Finance LLC decision from the Fourth Circuit, the Court concluded in a split decision that a South Carolina enforcement action was insufficient to preclude a citizens suit commenced pursuant to Clean Water Act § 505(a)(1), notwithstanding the provisions of Clean Water Act § 309(g)(6)(A)(ii).
LNG Facilities Facing Environmental Challenges
The Energy Law Blog
AUGUST 29, 2022
The permit was issued under the Clean Water Act in March 2019 – the same year the project received FERC approval – and will allow construction crews to “clear, grade, excavate and place fill material” on site to build the plant, which is being built on a 1,000-acre site on the west bank of the Calcasieu River, south of Lake Charles. [1]
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EPA: West Penn Power To Pay $610,000 Penalty In Federal-State Settlement Over Coal Ash Landfills Discharge Violations In Allegheny, Washington Counties
PA Environment Daily
JANUARY 12, 2022
On January 12, West Penn Power of Greensburg will pay a $610,000 penalty under a settlement to resolve water discharge violations at two coal ash impoundment landfills in southwestern Pennsylvania, the U.S. Environmental Protection Agency and Department of Environmental Protection announced.
Court Grants Contractor’s Partial Summary Judgement Motion in King Gold Mine Case
MGKF Law
DECEMBER 7, 2022
In an opinion and order released on November 21, 2022, the United States District Court for the District of New Mexico overseeing litigation arising from the Gold King Mine spill granted a defendant-contractor’s partial summary judgement motion seeking dismissal of claims that it was liable under CERCLA as a transporter, operator, or arranger.
Environmental Penalties: Disparity and Discretion
Acoel
JANUARY 14, 2022
Posted on January 14, 2022 by Jerry L. 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. I am finding that there are some significant disparities.
DCNR Blog: June Is Rivers Month - Dip Your Toes In The Water
PA Environment Daily
JUNE 1, 2022
The [federal] Clean Water Act, passed in 1972, put in place regulations to limit pollution and water quality standards to begin the process of restoring waterways nationwide. million to organizations to plant buffers -- increasing Pennsylvania’s climate resiliency and helping to clean waterways.
Our Environmental Statutes Are Broken
Acoel
DECEMBER 12, 2022
Posted on December 12, 2022 by Seth Jaffe. The Clean Water Act – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The Clean Air Act – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time.
Oct. 21 Take Five Fridays With Pam From PA Parks & Forests Foundation
PA Environment Daily
OCTOBER 21, 2022
The October 21 Take Five Fridays With Pam is now available from the PA Parks & Forests Foundation-- Celebrate The 50th Anniversary of the federal Clean Water Act. 25 Let’s Talk About Climate Change Student Panel Discussion With DCNR Secretary Dunn [PaEN] [Posted: October 21, 2022] PA Environment Digest
Iowa Supreme Court 2 – Raccoon River 0
Acoel
FEBRUARY 11, 2022
Posted on February 11, 2022 by Allan Gates. The Des Moines Water Works alleged the agricultural drains were point sources that required NPDES permits, and the water works sought monetary damages to recoup the costs of treating the river water to remove excess nitrates due to the agricultural pollution. State of Iowa.
Guest Essay: Keystone 10 Million Trees Partnership Celebrates 5 Million Trees Planted
PA Environment Daily
OCTOBER 12, 2022
By Cindy Adams Dunn, Secretary of DCNR In 2018 at the Lancaster County farm for the kickoff of the Keystone 10 Million Trees Partnership , I remember thinking about what an ambitious challenge planting that many trees would be and how important reaching that goal is for clean rivers and streams in Pennsylvania. How Clean Is Your Stream?
NRDA Settlement Reached for 2014 Galveston Bay Oil Spill
The Energy Law Blog
DECEMBER 9, 2021
million in civil penalties under the Clean Water Act, as well as administrative penalties under the Texas Oil Spill Prevention and Response Act. 68686, and goes through January 3, 2022. The released oil impacted Galveston Bay and the Gulf of Mexico, including the wildlife refuge on Matagorda Island.
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