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Blurred Lines: The Importance of Delineation Between Legislative and Non-legislative Rules Under the APA

Vermont Law

In March of 2014, the EPA and the Army Corps of Engineers issued an “interpretive rule” regarding section 404 of the Clean Water Act, circumventing a notice and comment period. Under the Administrative Procedure Act (APA), “interpretive rules” are merely advisory and do not carry the force of law. Summary. :

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Ohio River Basin Alliance Responds To Listing Of Ohio River As America's 2nd Most Endangered River In The Nation

PA Environment Daily

The Ohio River has made tremendous progress through the processes of both The Safe Drinking Water Act and The Clean Water Act. There is more work to be done and vital federal resources are needed to sustain this work.

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Remedies for Harmful Algal Blooms Are Available in Law and Practice

Circle of Blue

The federal Clean Water Act includes specific provisions to limit pollution from such “point sources” of contamination. The Platte Lake case displayed the power of citizen lawsuits, MEPA, and the public trust doctrine to compel a polluter to halt damaging discharges. . Paul Stowe is its natural resources manager.

Law 290
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September 2021 Updates to the Climate Case Charts

Law Columbia

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Circuit’s January 2021 decision vacating the U.S. Rhode Island v.

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November 2017 Updates to the Climate Case Charts

Law Columbia

Environmental Protection Agency (EPA) and other governmental entities to allow continued enforcement of environmental laws related to ongoing mining operations. Alternatively, the states and environmental groups asked the D.C. Natural Resources Defense Council, Inc. 17-2780, 17-2806 (2d Cir. filed Oct.

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Opposition to CAFOs Mounts Across the Nation

Circle of Blue

Court of Appeals issued a ruling that lends legal muscle to a five-year old petition that Food & Water Watch and 36 allies filed to compel the US Environmental Protection Agency (EPA) to update CAFO permitting regulations. to issue new rules that limit discharges of CAFO wastes into waters. Water worries.