Clean Water Act
Acid oceans coming to a beach, and theater, near you
Global warming has gotten so much attention lately that the public has largely overlooked another, independent consequence of rising CO2 concentrations: acidic oceans. As discussed by Dan earlier this year, for many years the oceans have been silently absorbing CO2 and thereby buffering against even higher atmospheric GHG levels, staving off more warming — but with potentially devastating consequences …
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CONTINUE READINGCoeur Alaska–A Shifting Legal Position by the Obama Administration?
As the U.S. Supreme Court Term winds down, only one environmental case on the Court’s docket remains undecided: Coeur Alaska v. Southeast Alaska Conservation Council, No. 07-984. That case, which involves the relationship between the Clean Water Act’s water pollution control (NPDES) and its wetlands dredge-and-fill programs, arises in the context of a proposed gold …
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CONTINUE READINGA Supreme Court Speed-Bump for Coeur Alaska
With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …
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CONTINUE READINGEPA asserts itself on mountaintop removal mining
EPA is finally flexing its muscle on mountaintop removal mining, taking on the Corps of Engineers and stepping in for states that have been reluctant to attack the practice. Mountaintop removal mining involves blasting the tops off of mountains, typically in Appalachia, to get at coal. The ecological problems are less about removal of the …
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CONTINUE READINGBlowing 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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CONTINUE READINGWhich 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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CONTINUE READINGHow 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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CONTINUE READINGOcean 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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