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U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

The Energy Law Blog

21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. Supreme Court decision in Sackett v.

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Lehigh Valley Watershed Conference At Lehigh University On March 14

PA Environment Daily

The conference serves as a forum that brings together community watershed organizations, municipal officials, educators, students, scientists, technical experts, natural resource agency staff, industry representatives, and the public to discuss effective ways to improve and protect land and water resources throughout the greater Lehigh Valley.

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Regulating the Regulators: Supreme Court Allows Judicial Review of Clean Water Act Determinations

The Energy Law Blog

The Corps’ definition of whether property constitutes “waters of the United States” is significant because the Clean Water Act regulates the discharge of pollutants into “the waters of the United States.” Furthermore, section 404 permits under the Clean Water Act are very expensive.

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The Supreme Court Looks for a Middle Ground to Determine When Clean Water Act Permit is Required for Discharges to Groundwater

The Energy Law Blog

where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions).

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EPA and Army Corps Release New WOTUS Rule

The Energy Law Blog

Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) such that certain wetlands are removed from federal jurisdiction. The final rule revises the agency regulations in light of the U.S.

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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

The Energy Law Blog

On October 18, 2023, the EPA published a Supplemental Notice of Proposed Rulemaking (“SNPR”) regarding incidental discharges from vessels, proposing national performance standards under the Vessel Incidental Discharge Act (“VIDA”). Coast Guard (“USCG”) to develop corresponding regulations to enforce compliance with the EPA’s standards.

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ESA Policy News: May 30, 2023

ESA

In this issue: Supreme Court dramatically shrinks Clean Water Act’s reach Biden administration must now rework recent Clean Water Act regulations. Congress House Natural Resources Committee passes Save Our Sequoias Act and legislation to allow mining near the Boundary Waters Canoe Area Wilderness.

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