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National pollutant discharge elimination system (NPDES) permit program, 402

Goodbye Fourth of July: Are Fireworks Displays Now Subject to CWA Regulation?

The federal Clean Water Act (CWA) has been instrumental in restoring the health and safety of the nation’s bays, harbors, and beaches from industrial and municipal discharges during the past 40 years. But does the CWA now regulate...

The U.S. Supreme Court's Decision in South Florida Water Management District v. Miccosukee Tribe of Indians: Leaving the Scope of Regulation Under the Clean Water Act in "Murky Waters"

In an 8-to-1 decision authored by Justice Sandra Day O'Connor, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Eleventh Circuit's decision that the South Florida Water Management District's (District's) operation of a...

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...

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...

When It Rains It Pours: Past, Present, and Future Regulation of Wet Weather Discharges

Managing and controlling stormwater and other "wet weather" discharges presents unique challenges, far different from the management and control of industrial and municipal wastewater streams. Wet weather discharges are...

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.1 It is...

Combined Sewer Overflows and Sanitary Sewer Overflows: EPA's Regulatory Approach and Policy Under the Federal Water Pollution Control Act

Editors' Summary: Combined sewer overflows and sanitary sewer overlows present unique problems for regulators. Although these problems were largely ignored until recently, EPA has finally begun to address the significant environmental...

Trends in Regulation of Stormwater and Nonpoint Source Pollution

Editors' Summary: Regulation of point source discharges under the Federal Water Pollution Control Act (FWPCA) has resulted in significant improvements in water quality. Further progress, however, will require attention to stormwater...