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Clean Water Act (CWA)

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...

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...

Remedying Our Fragmented Governmental Structures to Deal With Our Nation-on-Edge Problems

Editors' Summary: The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring...

<i>National Association of Home Builders v. Defenders of Wildlife</i> and the Meaning of Agency Indiscretion

Editors' Summary: The Supreme Court's decision in National Ass'n of Home Builders v. Defenders of Wildlife left unresolved the question of the meaning of discretion and agency authority. This decision and ensuing litigation over the...

The Historic Navigability Test: How to Use It to One's 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 the socalled Kennedy test and its significant nexus criterion. In this Article, authors...

The Continued Highway Requirement as a Factor in Clean Water Act Jurisdiction

Editors' Summary: U.S. courts have consistently ruled that navigable, intrastate waters are not traditional navigable waters unless they form part of a continued highway of interstate commerce. However, for purposes of its permitting...

<i>Waterkeeper Alliance, Inc. v. EPA</i>: Why It Is Important

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate,...

A New Clean Water Act

Editors' Summary: The Supreme Court's new federalism has struck its strongest blows so far on the CWA. Last summer, in Rapanos v. United States, a sharply divided Court nearly struck down a large chunk of the Act's protection of...