Clean Water Act

Blowing Off Steam: Cost-Benefit Analysis and the Clean Water Act

The Entergy case, which is now before the Supreme Court, involves EPA regulation of power plant’s cooling systems.  This is an important environmental issue because the cheapest systems kill acquatic life in the front-end intake process and then raise the temperature of water bodies in the back-end discharge.  More broadly, the case raises questions about whether …

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Which oysters for the Chesapeake Bay?

Sunday’s Washington Post reports that a decision is expected soon on whether to deliberately introduce the Suminoe oyster, native to China and Japan, to the Chesapeake Bay. A decision would mark the end of an analytic process that has been going on for more than 10 years. The U.S. Army Corps of Engineers issued a …

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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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