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FWPCA powers and duties

National Pork Producers Council v. United State Environmental Protection Agency

The Fifth Circuit vacated portions of EPA's 2008 concentrated animal feeding operations (CAFOs) rule. The rule requires CAFOs that propose to discharge to apply for an NPDES permit. But there must be an actual discharge into...

The Clean Water Act TMDL Program V: Aftershock and Prelude

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.1 Section 303 of the Act requires states and, if necessary,...

Antibacksliding: Understanding One of the Most Misunderstood Provisions of the Clean Water Act

Under the Clean Water Act (CWA), point source dischargers are required to obtain federal discharge permits and to comply with permit limits sufficient to make progress toward the achievement of water quality standards or goals. As water...

TMDLs IV: The Final Frontier

Editors' Summary: The Clean Water Act is undergoing a dramatic shift toward water quality-based regulation. Leading the charge, and taking their share of opposing fire, are the long-dormant provisions of § 303(d) calling for the...

TMDLs III: A New Framework for the Clean Water Act's Ambient Standards Program

Editors' Summary: For the past quarter century, the Clean Water Act has primarily relied on technological standards to abate point source pollution and achieve national clean water goals. Water quality standards lay largely dormant...

National Mining Ass'n v. Corps of Eng'rs

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The...

Strahan v. Coxe

The court vacates part of an injunction requiring state environmental agency officials to apply for a permit under the Marine Mammal Protection Act (MMPA) for takings caused by the agency's permitting and licensing operations, but...

Oxy USA, Inc. v. Babbitt

The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department of the Interior's (DOI's) determination that...

TMDLs, Are We There Yet? The Long Road Toward Water Quality-Based Regulation Under the Clean Water Act

Editors' Summary: Water quality standards-based regulation has been the "reserve clause" of the Clean Water Act (CWA), intended to clean up waters that remain polluted after the application of technology standards. For 20 years,...

TMDLs: The Resurrection of Water Quality Standards-Based Regulation Under the Clean Water Act

Editors' Summary: The Clean Water Act (CWA) has rediscovered water quality standards. More accurately, environmentalists have discovered this oldest of pollution control strategies lying dormant in the Act and have litigated it into...