Clean Water Act

How do we decide what is a “Water of the United States”? Rapanos revisited

Ever since the U.S. Supreme Court issued its opinions in Rapanos v. United States in 2006, it has been unclear exactly how the U.S. is to go about evaluating which wetlands and tributaries of navigable waters are subject to federal jurisdiction under the Clean Water Act.  Until recently, the U.S. Army Corps of Engineers asserted federal …

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Ocean Acidification and the Clean Water Act

Dan’s post today on ocean acidification discusses findings by an international scientific panel that ocean acidification is a very serious problem.  This week, according to the nonprofit Center for Biological Diversity (CBD), the U.S. EPA just agreed to review whether and how the federal Clean Water Act can or should be used to address ocean acidifcation.  …

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