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Clean Water Act (CWA)

Armstrong v. ASARCO, Inc.

The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead...

B&B Partnership v. United States

The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing...

A Job Half Finished: The Clean Water Act After 25 Years

Congress passed the Clean Water Act on October 4, 1972, by overwhelming margins—unanimously in the Senate and with a bare 11 dissenters in the House of Representatives. Rising on the Senate floor that day a full quarter-century ago, Sen...

Stewart v. Potts

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers...

Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A...

Umatilla Waterquality Protective Ass'n v. Smith Frozen Foods, Inc.

A district court denies an environmental group's motion to reconsider its previous holding that a corporation's national pollution discharge elimination system (NPDES) permit does not apply to any discharges to groundwater. The court...

United States v. Banks

The court affirms a district court decision that a property owner violated the Federal Water Pollution Control Act (FWPCA) by discharging dredged material and fill into adjacent wetlands without a permit. The court first rejects the...

Recent Developments in Federal Wetlands Law: Part III

Editors' Summary: This Article is the last in a three-part series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. ...

Recent Developments in Federal Wetlands Law: Part II

Editors' Summary: This Article is the second in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The...