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Shrimpers and Fishermen of the RGV v. United States Army Corps of Engineers

The Fifth Circuit denied a petition to review a CWA permit issued by the Army Corps of Engineers authorizing development of a natural gas pipeline and export facility in south Texas. A group of shrimpers and fishermen argued the permit violated the CWA by failing to show that the approved project wa...

Waterkeepers Chesapeake v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam's operator in 2018 with conditions. The operator challenged the certification, and the parties reached ...

The Clean Water Act’s 50th Anniversary

October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the Environmental Law Institute hosted a panel of experts at its 2022 Annual Policy Forum to evaluate the past 50 years of the CWA, while looking ahead to the next 50 years.