Tag: Clean Water Act

EPA, Army Corps Finalizes Repeal of Obama WOTUS Rule

On Sept. 12, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) finalized a rule to repeal the 2015 Clean Water Rule. The 2015 Rule aimed to clarify which waterbodies are federally regulated under the Clean Water Act (CWA) and define which waterbodies are considered a “waters of the

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The EPA and Clean Water Act Authority

The U.S. Environmental Protection Agency (EPA) is seeking comments on two separate rulemakings concerning the agency’s authority under the Clean Water Act. Section 401 of the Clean Water Act is a water quality certification program. It states that no federal permit or license can be issued that may result in a discharge into “waters of

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How the Last Fire on the Cuyahoga River Kick-Started the Clean Water Movement

Many American rust belt cities have risen high, fallen hard, and come back to life – and a case could be made that none rose so high nor fell quite so far as Cleveland, Ohio. The fortune of this city on the shore of Lake Erie has ebbed and flowed in tandem with its iconic

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Permits and Pollution: Next Steps for the Clean Water Act

If a state or local government discharges a pollutant from a point source to a navigable water it must obtain a permit under the Clean Water Act (CWA). But what if that pollutant is conveyed in something—say groundwater—between the point source and the navigable water? Must the state or local government still obtain a permit?

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Has the Ninth Circuit Confounded the Supreme Court Again?

The Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA) has a reputation for listening to the beat of its own drummer.  And the Supreme Court has a reputation of taking the drum back and correcting the beat.  Will this happen in Los Angeles County Flood Control District v. Natural Resources Defense Council? 

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