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Water

Jumping Through Hoopa: Complicating the Clean Water Act for the States

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are...

Compliance Models for Off-Grid Wastewater Treatment and Reuse

Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater...

Federalism's Blind Spots: The Crisis of Small Drinking Water Systems

Drinking water contamination in Flint, Michigan, has garnered much-needed nationwide attention, but such contamination is neither isolated, nor a primarily urban problem. A hidden water crisis is straining thousands of smaller...

Technology and the Seas: Enforcement in Marine Protected Areas

Established in over 65 countries and territories, marine protected areas (MPAs) embody a range of habitats, enable the provision of fundamental ecosystem services, protect marine biodiversity and cultural resources, and provide spaces...

Overboard? The Complexity of Traditional TMDL Calculations Under the Clean Water Act

The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters. But the means by which TMDLs are calculated are imprecise, because (1) it is difficult to...

CWA In-Lieu Fee Mitigation: Project and Programmatic Risks

In 2008, after prompting by the U.S. Congress, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) issued a regulation governing compensatory mitigation under the Clean Water Act (CWA). The...

Modernizing Management of Offshore Oil and Gas in Federal Waters

Offshore drilling has been thrust back into the spotlight by the Trump Administration’s focus on “energy dominance.” While it is unlikely that leasing will take place in all areas included in the Administration’s proposed plan, its...

The Use of PFAS at Industrial and Military Facilities: Technical, Regulatory, and Legal Issues

Contamination of drinking water by per- and polyfluoroalkyl substances (PFAS) has garnered much attention in recent years. PFAS include perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), and PFAS exposures and risks can...

Ten Years of the Compensatory Mitigation Rule: Reflections on Progress and Opportunities

In 2008, the U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA) overhauled federal policy governing how impacts to wetlands, streams, and other aquatic resources authorized under §404 of the...

Natural Resource Damages, Mitigation Banking, and the Watershed Approach

This Article examines potential opportunities for state and tribal natural resource trustees to integrate restoration and compensation for natural resource damages with other ecological restoration programs and coordinating with...

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