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Clean Water Act (CWA)

Power, Politics, and Poison: The Story Behind National Cotton Council of America v. U.S. EPA

For nearly 40 years, EPA allowed application of pesticides directly to or over waters of the United States without an NPDES permit and instead relied on the FIFRA registration process to regulated such pesticide use. Following...

Assessing Jurisdiction Under the New Clean Water Act Guidance

Two decisions of the U.S. Supreme Court have created enormous confusion around the question of what U.S. waters are subject to federal regulation. On May 2, EPA and the U.S. Army Corps of Engineers published...

Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free

While much of the world debates what our environmental laws should be, the less esoteric question of whether the environmental laws we already have are being properly enforced continues to be insufficiently examined. As we...

Comment on Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free

While I take issue with the title, suggesting that environmental enforcement is in “dire straits,” the body of Professors Flatt and Collins' article does not actually evaluate enforcement, but rather enters the oft-discussed...

Measuring Enforcement’s Value: One Step at a Time

How well are environmental laws in the United States being enforced, and what difference does that make to the quality of our air and water? Professors Flatt and Collins work hard to find the answers in Environmental...

Getting Through the Straits: It’s Not How Much You Spend, It’s Charting the Right Course That Counts!

Professors Flatt and Collins should be commended for seeking to answer one of the most perplexing questions that has plagued environmental protection advocates and regulators in the United States for over 40 years—how to improve...

The Clean Water Act Returns (Again): Part I, TMDLs and the Chesapeake Bay

The CWA, with multiple paths to its destination, is reinventing itself once more. Enacted in modern for  in 1972, the next quarter century saw EPA focused on the development of technology standards for industrial and...

Clean Water Act

In my capacity as Director of the U.S. Environmental Protection Agency's (EPA's) Wetlands program, I oversee efforts to enhance state and tribal wetlands programs, including state and tribal assumption of the Clean Water Act (CWA)...

The ECOS Proposal for Expanded State Assumption of the CWA

Editors' Summary

The Environmental Council of the States (ECOS) recently proposed that Clean Water Act §404 be amended to "remove the barriers" to state assumption of the §404 program. ECOS' specific proposals...

Clean Water Act NPDES Water Transfer Issue: The Implications for the Water Supply and Water User Communities

The Clean Water Act (CWA) prohibits "the discharge of any pollutant" into waters of the United States, except as otherwise authorized under the Act. A "discharge of a pollutant" is defined as "any addition of...