76 FR 39395
EPA-New England Region determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the coastal waters of Outer Cape Cod in Massachusetts.
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76 FR 38592
EPA proposed a rule that would identify provisions of Florida's Water Quality Standards for Phosphorus in the Everglades Protection Area and Florida's Amended Everglades Forever Act that EPA has disapproved and that therefore are not applicable water quality standards for purposes of the CWA.
76 FR 65431
EPA proposed two options for obtaining basic information from concentrated animal feeding operations (CAFOs) under the CWA; under one option, EPA would obtain certain identifying information from all CAFOs, and under the second option, EPA would obtain this information from CAFOs that fall within areas that have been identified as having water quality concerns likely associated with CAFOs.
76 FR 66286
EPA announced the availability of the final 2010 Effluent Guidelines Program Plan, which identifies any new or existing industrial dischargers, both those discharging directly to surface waters and those discharging to POTWs, selected for effluent guidelines rulemaking and provides a schedule for such rulemakings.
76 FR 65723
EPA Region 6 proposed to reissue the NPDES general permit authorizing discharges from oil and gas exploration, development, and production facilities located in and discharging to the territorial seas off Texas.
Comment on <em>Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future</em>
Perhaps Congress should throw up its hands and move on to something more manageable than global climate change. Richard Lazarus asserts that the challenges of enacting effective national strategies for mitigating and adapting to changes in the Earth's climate are not just "wicked," but "super wicked," meaning they defy resolution.
Dangerous Waters? The Future of Irreparable Harm Under NEPA After <i>Winter v. NRDC</i>
Editors' Summary
To the Ends of the Earth: Where Does Navigable Water Begin Under <i>SWANCC</i>?
I. Introduction and Overview
The Float a Boat Test: How to Use It to Advantage in This Post-<i>Rapanos</i> World
Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test. Under this test, to protect a wetland one must establish that there is a significant nexus between the wetland and a traditional navigable water. In this Article, authors William W. Sapp, Rebekah Robinson, and M. Allison Burdette suggest that the nearer a traditional navigable water is to the wetland, the better the chance of establishing that there is a significant nexus between the two.
Mobil Oil Exploration, Environmental Protection, and Contract Repudiation: It's Time to Recognize the Public Trust in the Outer Continental Shelf
In a recent article reviewing the U.S. Supreme Court's environmental decisions over the last 30 years (1969-1999), Professor Richard Lazarus argues that "the Justices have never fully appreciated environmental law as a distinct area of law."1