Circle of Blue

OCTOBER 3, 2022

Supreme Court begins its October term today with a wetlands lawsuit that could redefine the Clean Water Act. Tribes tell the Bureau of Reclamation to prioritize long-term infrastructure solutions for the $4 billion in Inflation Reduction Act funds for western drought response. government water policy. The Rundown.

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National Law Center

AUGUST 4, 2022

The post Clean Water Act Citizen Suits Before Fourth Circuit appeared first on National Agricultural Law Center. An important component of many environmental statutes is the ability for private citizens to initiate lawsuits to enforce the statute.

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Law and Environment

MAY 3, 2022

The post Sometimes the Law Really Is Unambiguous — Clean Water Act Edition first appeared on Law and the Environment. Unfortunately, given that Congress is patently incapable of doing its job, rewriting the CWA to fix this problem is still the responsibility of Congress. Good luck with that.

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Arnold Porter

JANUARY 20, 2023

Arnold & Porter’s Environmental Practice Group is pleased to announce that the American Bar Association has published Clean Water Act Essentials. The four authors each brought extensive expertise and practical experience on the Clean Water Act (CWA) to the project.

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Environmental News Bits

DECEMBER 5, 2023

Supreme Court stripped federal oversight from millions of acres of wetlands long protected under the Clean Water Act. Now, erecting safeguards to ensure those waters are not polluted, drained or filled in by developers falls to the states. Read the full story at Stateline. Earlier this year, the U.S.

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Washington Nature

SEPTEMBER 16, 2022

Environmental Protection Agency Assistant Administrator for Water, Radhika Fox, kicked off a tour celebrating the 50th anniversary of the Clean Water Act at the Aurora Bridge Bioswale in Seattle, WA. In the past 50 years, The Clean Water Act has enabled the U.S. In August, the U.S.

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Vorys Law

MAY 25, 2023

In a highly anticipated opinion, the United States Supreme Court narrowed the scope of waters and wetlands considered to be "waters of the United States" ("WOTUS") and, therefore, subject to jurisdiction under the Clean Water Act. In Sackett v. 2023) ( citing Rapanos v.

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Acoel

OCTOBER 24, 2022

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. The post Will EPA Ignore a Flagrant Violation of the Clean Water Act? Home sweet home to me.

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Legal Planet

SEPTEMBER 7, 2023

On August 25, EPA and the Army Corps of Engineers (“the agencies”) issued a joint rule , which modifies their previous rule on federal jurisdiction under the Clean Water Act in order to conform with the Supreme Court’s Sackett decision. Sackett was a deeply misguided and harmful ruling — but it is nevertheless the law.

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Environment, Law, and History

SEPTEMBER 29, 2022

Davis School of Law will convene a conference to commemorate the 50th anniversary of the federal Clean Water Act on Friday, October 7th.

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NRDC

JUNE 21, 2023

Navy in federal court in Maryland over violations of the Clean Water Act. WASHINGTON, DC – Potomac Riverkeeper Network (PRKN) and NRDC (the Natural Resources Defense Council) filed a lawsuit today against the U.S.

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Environmental News Bits

MAY 25, 2023

At issue was the reach of the landmark, 51-year-old Clean Water Act and how courts should determine what count as … Continue reading Supreme Court weakens EPA power to enforce Clean Water Act

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Environment, Law, and History

OCTOBER 18, 2022

Legal Planet's Richard Frank posted today on the US Clean Water Act's 50th birthday. More on the history of the Clean Water Act here and here. But far more private enforcement actions are brought under the CWA than any other federal environmental statute.

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PA Environment Daily

OCTOBER 20, 2022

On October 19, member of Congress Dwight Evans (D-Philadelphia) joined with environmental advocates and the Coalition for the Delaware River Watershed (CDRW) at Bartram’s Garden to celebrate the 50th anniversary of the passage of the federal Clean Water Act.

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Environmental News Bits

JULY 29, 2021

What GAO Found Since 2015, the Environmental Protection Agency (EPA) has modified one of its three national initiatives emphasizing compliance with the Clean Water Act and has discontinued two others (see fig.). Download the document.

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Acoel

SEPTEMBER 15, 2023

In the 27 states where the ninth attempt wasn’t enjoined, EPA and the Corps are going to apply the “pre-2015 regulatory regime” to determine the reach of the Clean Water Act. EPA says that the Corps and EPA are going to implement that “pre-2015 regulatory regime” “consistent with Sackett.”

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Acoel

JANUARY 12, 2023

Beck wasn’t writing about the decades long war over the jurisdictional reach of the Federal Clean Water Act but the shoe certainly fits. The battle over the reach of the Federal Clean Water Act continues. So we can look forward to litigation over EPA’s new rule later this winter.

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MGKF Law

JANUARY 23, 2023

Read More » Tags: Clean Water Act , Consent Decree , Enforcement , Third Circuit , Wetlands This decision is a good reminder that Consent Decrees have a long shelf life and that private parties should negotiate carefully to ensure both its short-term and long-term interests are protected.

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Environmental Law Reporter

MAY 2, 2022

Clean Water Act Status of U.S. Waters, 2022. Rachel Jean-Baptiste. Mon, 05/02/2022 - 08:45.

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Arnold Porter

JANUARY 10, 2023

” The article discusses the recent final rule broadening the Clean Water Act issued by the EPA and Army Corps of Engineers, and the implications this will have on the Supreme Court case, Sackett v.

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E2 Law Blog

MAY 26, 2023

The wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. EPA , 598 U.S.

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Scientific American

JUNE 15, 2023

Formerly “adjacent” wetlands in more than half of all states may be dredged or filled now that their federal protections have been stripped

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Acoel

MARCH 22, 2023

Posted on March 22, 2023 by Jonathan Ettinger The scope of suits available to private citizens under the Clean Water Act is not unlimited. The post Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion appeared first on ACOEL.

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Environmental News Bits

OCTOBER 25, 2022

Sparked by the 1970s environmental movement, the Clean Water Act — which marks its 50th anniversary this month — transformed America’s polluted rivers. Read the full story at e360. The Delaware, once an industrial cesspool, is one of the success stories, but its urban stretches remain a work in progress.

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MGKF Law

MAY 29, 2023

While the 9-0 decision was unanimous in judgment by holding that the Sacketts’ wetland was not subject to federal jurisdiction, the court was sharply divided as to the test to determine when an adjacent wetland qualifies as a Water of the United States (or “WOTUS”). United States, 547 U.S. 715, 754 (2006). See 88 Fed.

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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). Modern Landfill continues to violate the Clean Water Act on a consistent basis.

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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).

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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.

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Environment + Energy Leader

APRIL 12, 2023

The lawsuit alleges that the EPA has violated the Clean Water Act by failing to set limits on the amount of pollution that these industries can discharge into waterways. The post EPA Sued Over Unregulated Water Pollution appeared first on Environment + Energy Leader.

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Yale E360

DECEMBER 13, 2022

An upcoming Supreme Court decision could settle decades of legal ambiguity about which wetlands should get federal protection under the Clean Water Act, bringing major changes to how these vital ecosystems are managed. loses about 60,000 acres of wetlands a year. Read more on E360 →.

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Acoel

AUGUST 19, 2021

EPA ordered them to halt that construction and remove fill they had placed on the lot based on the Agency’s conclusion that the lot was a wetland within the jurisdiction of the federal Clean Water Act and the Sacketts did not have the permit necessary to fill it. The post With Friends Like These.

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Acoel

OCTOBER 1, 2022

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!” United States.

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MGKF Law

JULY 11, 2021

On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. This Blog Post was authored by Omar Khodor, a summer associate. Deschutes River All. Portland Gen.

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Circle of Blue

FEBRUARY 6, 2023

The EPA finalizes guidance for balancing sewage system improvements with financial burdens to residential water bills. Republicans take aim at the Biden administration’s definition of the scope of the Clean Water Act. Domestic production of salt , a water pollutant, remained steady in 2022.

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Legal Planet

SEPTEMBER 25, 2023

Applying Clean Water Act to shrimp trawlers’ dumping of bycatch back in the ocean. Issuance of license to private party to operate a temporary, away-from-reactor, storage facility for nuclear waste. NRC , 2023 WL 5498874 (5 th Cir. NC Coastal Fisheries Reform Group v. Gason , LLC, 76 F. 4 th 291 (4 th Cir.

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Vorys Law

APRIL 25, 2021

Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021.

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NRDC

MARCH 22, 2023

Environmental Protection Agency and Army Corps of Engineers need to use the full measure of their authority under the law to prevent wetland loss.

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