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Happy 50th Anniversary, Federal Clean Water Act

Legal Planet

The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. In virtually all other nations, enforcement of water pollution control and other environmental laws is the sole responsibility of government regulators. (credit: Amazon).

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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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Wetlands Regulation in the Political Swamp

Legal Planet

Only one witness was able to testify in favor of the rule, San Francisco law professor Dave Owen, but his sober legal analysis was swamped in the flood of invective. Congress set the stage when it passed the Clean Water Act 50 years ago. The law gave the federal government jurisdiction over “navigable waters.”

Politics 202
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The Supreme Court’s Top-10 Environmental Law Decisions

Legal Planet

What are the most important Supreme Court decisions in environmental law? The Clean Water Act requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? The Chevron doctrine has become a pillar of administrative law.

Law 147
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The Supreme Court Ruled Against Wetlands in 2023. We Can Still Save Them.

Union of Concerned Scientists

2023 was a rough year for clean water. The Supreme Court took a hammer to the Clean Water Act with its decision in Sackett v. The Sackett decision was a tremendous loss for everyone who depends on clean water—that is, for all of us.

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50 Years Ago: Environmental Law in 1973

Legal Planet

In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. Continuing the legislative wave, 1973 saw the passage of the Endangered Species Act (ESA. Like today, 1973 was a time of political turmoil. The first EPA Administrator took office in 1971.

Law 133
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The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

1972 , Congress passes the Clean Water Act, which requires a federal permit for filling or dredging in “navigable waters,” defined as the “waters of the United States.” Five Justices (four dissenters plus Justiice Kennedy) support the “significant nexus” test, which the lower courts generally view as binding law.