The Energy Law Blog

MAY 26, 2023

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. United States , 547 U.S.

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NRDC

JANUARY 10, 2024

Federal Court in Maryland Approves Settlement in Lawsuit Brought by Potomac Riverkeeper Network and NRDC

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Ohio Environmental Law

APRIL 23, 2020

Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. A source of ongoing debate over the scope of the Clean Water Act has been to what extent does the statute regulate discharges when they come into contact with groundwater?

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Law and Environment

SEPTEMBER 29, 2021

Earlier this month, the 9 th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. In Corona Clay , the defendant had conceded that its discharge ultimately reached surface water.

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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. In so holding, the majority expressly rejects the “significant nexus” test espoused by Justice Kennedy in his concurring opinion in Rapanos v.

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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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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!”

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Acoel

JUNE 6, 2023

Posted on June 6, 2023 by Karen Aldridge Crawford This long-awaited decision by SCOTUS in favor of the Sacketts finally put to rest the debate over the “significant nexus” test which was derived from Justice Kennedy’s solo opinion in Rapanos v. EPA ENDS “SIGNIFICANT NEXUS” TEST appeared first on ACOEL. United States, 547 U.S.

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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

MARCH 27, 2023

The court also acknowledged that the Supreme Court is currently considering the scope of jurisdiction under the Clean Water Act. The court specifically pointed out that, unlike Justice Kennedy’s test, the 2023 WOTUS rule defines “interstate waters” as jurisdictional regardless of navigability.

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The Energy Law Blog

APRIL 28, 2020

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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PA Environment Daily

SEPTEMBER 20, 2023

Lisa Johnson, the attorney representing Latkanich said, “It was news to me that the Department is admitting that there's a widespread presence of PFAS in public water sources. “I Testing results from the University of Pittsburgh found PFAS in the water well and other locations in the Latkanich home. See Paragraph 71 in appeal.]

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Legal Planet

MAY 30, 2023

The decision strips key environmental protections from the Clean Water Act by narrowly defining which bodies of water can be regulated under the Act, making it the most important water-related case in decades. Q: What does th e Sackett v.

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Circle of Blue

FEBRUARY 15, 2023

The Clean Water Act, a landmark federal pollution control law passed in 1972, cleaned up American waterways once fouled by industrial waste. But the act was focused largely on making rivers fishable and swimmable — not keeping them free of contaminants that can sully drinking water.

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PA Environment Daily

OCTOBER 10, 2022

All of this was addressed to US Attorney Dick Thornburgh and accompanied by a demand that the Department of Justice take action under the Rivers and Harbors act of 1899. The samples had been gathered by two Penn State McKeesport Campus faculty members, and tested at the Allegheny County Testing Lab.

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Circle of Blue

DECEMBER 13, 2021

The FDA, in an overhaul of food safety rules , proposes eliminating an irrigation water testing requirement in favor of farm-wide assessments. An executive order requires federal agencies to establish energy and water conservation. The changes would eliminate a requirement to test irrigation water for microbial contaminants.

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Circle of Blue

JANUARY 26, 2023

This is the first story in a series of reports from the Great Lakes News Collaborative that will investigate contemporary water pollution challenges in the Great Lakes region. You can think of chloride as a permanent pollutant in the water,” said Christe Alwin of the Michigan Department of Environment, Great Lakes, and Energy.

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Circle of Blue

JUNE 6, 2022

The water samples were taken in 2021 and 2022. The initial set of data reveals that concentrations of PFAS at tested sites is much higher than previously revealed, and in certain circumstances, above state action levels, which will require immediate action,” wrote Jonah Brown of Marten Law. earthquake in the area.

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Circle of Blue

SEPTEMBER 13, 2021

The target last week was the scope of the Clean Water Act. This week, officials are resuming a Clean Water Act provision to a halt a mining development that, they argue, could damage salmon-rich waterways. Utah, for instance, uses the test results to decide where to assign mobile Covid-19 testing labs.

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Circle of Blue

SEPTEMBER 16, 2022

Livestock producers, he says, have soil testing and more sensitive manure spreading equipment that, if they really paid attention, would enable them to apply liquid manure much more carefully. Fifty years ago the Great Lakes Water Quality Agreement was signed and the Clean Water Act was enacted to clear pollution from the region’s waters.

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Circle of Blue

SEPTEMBER 27, 2021

Regan also said that the EPA will propose a draft regulation in November that would define the waterbodies that are regulated by the Clean Water Act. Those results for Mead and Powell were derived from the “stress test” hydrology: basically constraining future outcomes to the conditions that were experienced from 1988 to 2019.

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Circle of Blue

MAY 31, 2023

Typhoon Mawar, the largest storm to hit Guam since 2002, has left many residents without water or electricity. In Senegal , water-saving farming methods are producing higher rice yields while improving soil health. The attempt succeeded. from polluters and development.

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Law and Environment

MAY 31, 2023

Environmental Protection Agency , which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas.

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Acoel

JULY 29, 2021

And on remand the District Court held that due to the proximity of the point source to the navigable water at issue (the ocean), the short duration of travel time through the groundwater, the large volume of pollutants discharged and other factors, the County of Maui’s wastewater reclamation facility required an NPDES permit.

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Law and Environment

JUNE 6, 2022

Last week, EPA released its proposed “ Clean Water Act Section 401 Water Quality Certification Improvement Rule ”. I’m going to focus on one in particular, because it could be a good test of just how far the current Supreme Court is willing to go to limit the authority of the executive branch.

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Acoel

OCTOBER 1, 2022

The Court’s embrace of the ill-defined “ major questions doctrine ” as the rationale for refusing to give any deference to EPA’s admittedly “plausible” interpretation of section 111 d of the Clean Air Act has raised the specter of the Court’s conservative majority taking a sharp axe to any number of environmental regulations.

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Circle of Blue

SEPTEMBER 19, 2022

The CDC will use wastewater testing to track the polio virus in the U.S. A group of House Democrats introduces a resolution to recognize a human right to water. The START Act does this in a number of ways. The CDC says it plans to test sewage samples for polio in areas at high risk for the virus, the Washington Post reports.

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Circle of Blue

MARCH 6, 2023

We are working very hard to clean up that pollution but for the time being, as long as the pollution is present, as a father I would not advise anyone to play in the creeks and streams. The bill takes aim at Section 401 of the Clean Water Act, which has been a source of conflict in recent years over permitting fossil fuel projects.

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Ohio Environmental Law

SEPTEMBER 4, 2023

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

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Circle of Blue

FEBRUARY 8, 2023

“It’s already a national emergency and a national scandal,” said Emma Schmit, a senior organizer in the Midwest for Food and Water Watch, an environmental advocacy group. When we test our waterways, the main pollutants are E.coli and nitrates and phosphorus from agriculture. Whether that is the case will be tested this year.

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Ohio Environmental Law

MAY 8, 2020

On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule.

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Ohio Environmental Law

FEBRUARY 4, 2020

On January 23rd, the Trump Administration released the final version of the rule which defines which waters are protected under the Clean Water Act. The new rule is called the Navigable Waters Protection. It replaces the prior Obama Administration rule referred to as WOTUS- “Waters of the United States.”

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Circle of Blue

NOVEMBER 8, 2021

The House passed an infrastructure package that includes a historic federal investment in water systems. Congressional Republicans introduce a bill that would narrowly define the scope of the Clean Water Act. The EPA orders officials in a Michigan city to address lead-contaminated drinking water. WOTUS in Congress.

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Environmental News Bits

OCTOBER 29, 2021

Method 1633 is for use in the Clean Water Act (CWA) for the determination of the per- andpolyfluoroalkyl substances (PFAS) in Table 1 in aqueous, solid (soil, biosolids, sediment) and tissuesamples by liquid chromatography/mass spectrometry (LC-MS/MS). Download the document. Read more →

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Circle of Blue

MAY 24, 2021

Part three is a water debt relief provision that mirrors the bill described above. The Drinking Water Funding for the Future Act would reauthorize more than a dozen drinking water programs including lead testing in schools, source water protection, and workforce investment. Clean Water Act Compliance.

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Circle of Blue

SEPTEMBER 28, 2022

The federal Clean Water Act includes specific provisions to limit pollution from such “point sources” of contamination. Two techniques are being tested in the Great Lakes region: phosphorus traps and engineered wetlands. . Roughly 10 tons of calcium phosphate was produced and tested with fertilizer companies.

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PA Environment Daily

MARCH 31, 2023

The good news is that it appears there have been no public health impacts and that the warning and testing systems in place did their job, according to city officials. What’s more is that the Source Water Protection Plans , which include recommendations for computer models, technology, and monitoring of water resources, served their purpose.

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