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Clean Water Act (CWA)

Don't Be Misled: CWA Jurisdiction Extends to All Non-Navigable Tributaries of the Traditional Navigable Waters and to Their Adjacent Wetlands

The September 2002 edition of the Environmental Law Reporter's (ELR's) News & Analysis published a truly remarkable Article: Could SWANCC Be Right? A New Look at the Legislative History of the Clean Water Act, by Virginia S....

"No Comment" on Deep Ripping: Wetlands and the Clean Water Act After <i>Borden Ranch</i>

In December 16, 2002, the U.S. Supreme Court issued a per curiam opinion in the case of Borden Ranch v. U.S. Army Corps of Engineers, affirming the U.S. Court of Appeals for the Ninth Circuit's decision that "deep ripping" of...

Counting the Hands on <i>Borden Ranch</i>

The federal permitting programs of the Clean Water Act (CWA) may be in for an overhaul, judging from a trio of CWA cases that has reached the U.S. Supreme Court in the past three years. The Court's attention to the CWA is welcome news...

"Green Collar Criminals" and Wetlands Uncertainty: The Effect of Criminal Provisions in Public Welfare Statutes on Wetlands

Under the public welfare doctrine, certain regulatory crimes require no showing of the traditional mens rea, or "guilty mind," as a predicate to criminal liability. The doctrine has been used to relax intent requirements in criminal...

Control of Nonpoint Pollution Through Citizen Enforcement of Unpermitted Stormwater Discharges: A Proposal for Bottom-Up Litigation

This Article investigates the murky regulatory world of stormwater pollution. Nonpoint source pollution has been described as the most significant water quality problem facing the United States. It is generally not subject to the...

Judicial, Administrative, and Congressional Responses to SWANCC

In the wake of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), courts have scrambled to reevaluate the scope and reach of the government's regulatory...

The Clean Water Act: What's Commerce Got to Do With It?

Few commentators doubt the value of clean, unadulterated waters teeming with varied and colorful aquatic life. The debate centers instead on more pragmatic concerns, that is, how to best accomplish the accepted imperative. Some maintain...

Now More Than Ever: Environmental Citizen Suit Trends

Introduction

Environmental citizen suits matter. In 1970, borne in a fulcrum of necessity due to inadequate resources and resolve, and borrowing a bit from common-law qui tam without the bounty, the U.S. Congress...

Environmental Citizen Suits at Thirtysomething: A Celebration and Summit

Preface

In 1970, the U.S. Congress gave citizens the remarkable authority to file federal lawsuits as "private attorneys general" to enforce the Clean Air Act (CAA).1 Congress intended citizen...

Where the Water Hits the Road: Recent Developments in Clean Water Act Litigation

The last 18 months have produced particularly interesting juridical and administrative pronouncements in the areas of Clean Water Act (CWA or Act) jurisdiction, permits, standards, citizen suits, and other enforcement. On the...