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Federalism issues

Waters Protected by the Clean Water Act: Cutting Through the Rhetoric on the Proposed Rule

On March 25, 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers proposed to revise their rules defining which water bodies are protected by the Clean Water Act. As with so much of our public...

Cooperative Federalism, Nutrients, and the Clean Water Act: Three Cases Revisited

Cooperative federalism varies widely from program to program, and depends on the relationship each statute prescribes. The Clean Water Act (CWA), while providing ample room for state participation, is heavily federal and leaves little...

National Ass'n of Home Builders v. United States Environmental Protection Agency

A district court dismissed a homebuilder association's lawsuit against EPA and the U.S. Army Corps of Engineers challenging their determination that portions of the Santa Cruz River are traditional navigable waters (TNW) under the CWA....

Missouri v. Glasgow, City of

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision...

Federal Versus State Environmental Protection Standards: Can a National Policy Be Implemented Locally? (TOC)

Keynote Presentation: Making the Partnership Work

Panel Discussion: Regulation of Nuclear Materials

Regulation of Air Quality

Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better...