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Clean Water Act (CWA)

Rapanos Guidance III: “Waters” Revisited

On May 2, 2011, EPA andthe Corps issued draft joint guidance for the interpretation of the phrase “waters of the United States” under the CWA. Determinations of CWA jurisdiction are critical for the agencies in issuing permits to fill...

Real Environmental Protection: Not a Paper Exercise

In an Article published in the October issue of the Environmental Law Reporter, Elisabeth Holmes and Charles Tebbutt argued that H.R. 872, a bill that would amend FIFRA and the CWA as they pertain to aquatic pesticide...

The Intended Scope of Clean Water Act Jurisdiction

In an unnecessarily exaggerated response to U.S. Supreme Court decisions over the past decade, the agencies that implement the Clean Water Act have substantially reduced the scope of waters that are considered jurisdictional “waters of...

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...