In May 2000, the unthinkable happened; individuals living in Canada became ill, some fatally, from drinking tap water contaminated with a toxic strain of Escherichia coli (e-coli).…

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,…

Until the 1970s, federal and state laws did little to control the harmful water quality impacts of mining exploration, and mine wastes were regularly deposited wherever was convenient, including…

Agricultural biotechnology has generated much debate about the environmental consequences of field trials and commercialization of transgenic crops. Thus far, the debate has focused on opponents'…

Thirty years in the making, the total maximum daily load (TMDL) program of §303(d) of the Clean Water Act (CWA) has never seemed farther from implementation. As state governments increasingly have…

For over two decades, courts and agencies have assumed that the Clean Water Act (CWA) grants the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps)…

The U.S. Environmental Protection Agency (EPA) is in the process of redesigning the Clean Water Act's (CWA's) total maximum daily load (TMDL) program. Section 303 of the Act requires states and,…

Under the Wetland Conservation subtitle of the Food Security Act of 1985, as amended, commonly known as "Swampbuster," wetlands may be used to grow crops provided they are not degraded by this…

The U.S. Supreme Court decision last term in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), striking down the migratory bird rule for…

Few, if any, issues have divided environmental lawyers more than the legitimacy of the Migratory Bird Rule (Rule). Ever since its adoption in 1986 by the U.S. Environmental Protection Agency (EPA…