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Clean Water Act › Appeals › Water Quality

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

Mintz on

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nutrients/Water Quality Standards: Federal Appellate Court Addresses Challenge to Montana Variance

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The Ninth Circuit Court of Appeals (“Ninth Circuit”) addressed in an October 6th Opinion an issue arising out of the United States Environmental Protection Agency’s (“EPA”) approval of a Montana water quality standard (“WQS”)...more

Downey Brand LLP

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

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In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Residual Designation Rule: Los Alamos, New Mexico Files U.S. EPA Environmental Appeals Board Petition Challenging Stormwater/Water...

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The County of Los Alamos, New Mexico (“Los Alamos”) filed a January 17th petition (“Petition”) challenging a United States Environmental Protection Agency (“EPA”) decision titled: Designation Decision and Record of Decision...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

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On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

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On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Perkins Coie

Federal Appeals Court Rejects Challenges to Newhall Ranch EIS and Section 404 Permit

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In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

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On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

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Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#2

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- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

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