To the Ends of the Earth: Where Does Navigable Water Begin Under <i>SWANCC</i>?
I. Introduction and Overview
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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.
Hill v. Boy
The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses under a proposed reservoir before issuing a Federal Water Pollution Control Act §404 permit. In issuin...
Pennsylvania Envtl. Defense Found. v. Canon-McMillan Sch. Dist.
The court holds that a district court should have used the lodestar approach in awarding an environmental group attorney fees under Federal Water Pollution Control Act §505. The court first holds that the district court has not made an independent judgment in its award of attorney fees. The distric...
Missouri v. Glasgow, City of
The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision cannot excuse the city's operation of its water treatment facilit...
Alaska Ctr. for the Env't v. West
The court upholds five general permits issued by the U.S. Army Corps of Engineers authorizing the filling of wetlands for a broad range of development activities in Anchorage, Alaska. The court first holds that the Corps satisfied the requirement that the permitted activities are "similar in environ...
Amigos Bravos v. Molycorp, Inc.
The court holds that it lacks subject matter jurisdiction to review environmental groups' Federal Water Pollution Control Act (FWPCA) citizen suit against a mining company allegedly discharging pollutants from its waste rock piles into a river via groundwater seepage without a national pollutant dis...
Adirondack League Club, Inc. v. Sierra Club
The court holds that the ability to use a river in a recreational manner should be considered in determining whether the river is navigable-in-fact in a trespass case against kayakers and canoers on the South Branch of the Moose River in New York. The kayakers and canoers, who allegedly trespassed o...
California ex rel. Sacramento Metro. Air Quality Management Dist. v. United States
The court holds that a local air pollution control agency cannot seek civil penalties from a U.S. Air Force base for past violations of the Clean Air Act (CAA) and state law. The court first holds that Congress, through the CAA, did not waive U.S. sovereign immunity from liability for civil penaltie...
Westfield, N.Y., Village of v. Welch's
The court holds that a district court abused its discretion by staying a village's action for a food processor's unpaid sewer user charges on the ground that there was a pending state court action addressing the same issue. The court first holds that under the abstention analysis required by Colorad...