Clean Water Act
U.S. Supreme Court Justices Are on USEPA’s Case
You can’t blame the U.S. Environmental Protection Agency of late for feeling it’s under siege. All of the current Republican presidential candidates are regularly excoriating EPA on the campaign trail, and Congress has conducted oversight hearings and threatened all sorts of legislative action designed to clip EPA’s regulatory wings. Now the U.S. Supreme Court appears …
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CONTINUE READINGTwo tales of environmental ignorance
Citizens in Tokyo have discovered patches of radiation that are comparable to some of the evacuated areas near Chernobyl, radiation that presumably came from the recent nuclear power plant accident. The EPA has recently reported that the number of waterways in California that exceed water quality standards are 170 percent higher today than in 2006. …
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CONTINUE READINGEPA finalizes mountaintop removal guidance
Cross-posted at CPRBlog and The Berkeley Blog. After a three-and-a-half month delay for White House review, EPA has finalized its guidance for review of mountaintop removal mining permits in Appalachia. I needn’t have worried that the White House would roll EPA Administrator Lisa Jackson on this one. The final guidance maintains the strong stand EPA …
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CONTINUE READINGSaving Public Nuisance
I agree with Rick’s take on the oral argument in Connecticut v. AEP — in fact, so much so that I predicted it three years ago! But if the Supreme Court overturns the Second Circuit on the viability of a federal common law claim, that actually makes the viability of state common law claims stronger. …
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CONTINUE READINGBush-era EPA § 404 veto survives judicial review
A federal court in Mississippi has rejected a legal challenge to EPA’s 2008 veto of a Clean Water Act § 404 permit for the Yazoo Pumps flood control project. (Hat tip: PLF Liberty Blog.) The Yazoo Pumps project was an anachronism, even by pre-environmental era standards. (This brief history of the project is based on …
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CONTINUE READINGWhite House review delays EPA mountaintop removal guidance
Cross-posted at CPRBlog. EPA has announced that it will delay finalizing its guidance memorandum on Clean Water Act permitting for mountaintop removal mining projects pending review by the White House Office of Management and Budget. The announcement is bad news for Appalachian streams, and worse news for environmental interests hoping the Obama administration won’t completely …
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CONTINUE READINGNinth Circuit allows landowner to challenge impaired water listing
UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …
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CONTINUE READINGU.S. sues BP, eight other defendants for violations of Oil Pollution Act in Deepwater Horizon blowout
Eric Holder, the Attorney General of the United States, announced today that the U.S. Department of Justice has filed a lawsuit alleging that BP, Transocean, and seven other firms caused or contributed to the massive Deepwater Horizon oil spill earlier this year. The lawsuit seeks response costs, natural resource damages, and economic damages under the …
CONTINUE READINGClassic Villaraigosan Environmental Policy
EPA Administrator Lisa Jackson was in Los Angeles today, announcing an official EPA finding that Compton Creek, a portion of the Los Angeles River, is a “navigable water” of the United States. This finding means that Compton Creek can receive the protection of the Clean Water Act: most prominently, it means that any attempts to …
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CONTINUE READINGClearing the Waters
Law Week (subscription only) reports that: Rep. James Oberstar (D-Minn.) introduced legislation April 21 that would amend the Clean Water Act to clarify and “reaffirm” U.S. jurisdiction over waters of the United States, including wetlands. The America’s Commitment to Clean Water Act (H.R. 5088) would remove the term “navigable waters of the United States” from …
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