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Will the Supreme Court Gut the Clean Water Act?

Legal Planet

What wetlands and waterbodies does the Clean Water Act protect? The Biden Administration is in the process of issuing a new regulation on the subject. A little quick background: The term “navigable waters” traditionally meant water bodies that could be used for transportation. Not a good sign.

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The Quagmire of Clean Water Act Jurisdiction

Legal Planet

The Biden Administration announced on Monday that it would not meet a February target date to issue a revised definition of federal jurisdiction under the Clean Water Act. But it actually determines the extent to which the federal government can prevent water pollution and protect wetlands across the nation.

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Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion

Law and Environment

The scope of suits available to private citizens under the Clean Water Act is not unlimited. The Court rejected CLF’s claims that the MWRA was required to take enforcement action against every industrial user that discharged to the MWRA’s sewer system in violation of pretreatment regulations.

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Wetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington

Legal Planet

21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. Earlier this month, Legal Planet colleague Dan Farber wrote a typically-thoughtful post on this site aptly titled, “The Quagmire of Clean Water Act Jurisdiction.”

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Bowing to the Inevitable

Legal Planet

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. The latter term is most important in the West, where many water bodies dry up at times.)

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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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After Sackett: A Multi-Prong Strategy

Legal Planet

State Regulation. Otherwise would like to regulate but will need help. Conservative states might be reluctant to regulate. Flood control and water quality might be the best arguments for persuading them, rather than the intrinsic value of protecting wetlands. Wetland conservation programs.