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Nonpoint source discharges

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Point Source” Element of the Clean Water Act Offense

This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most...

Environmental Integrity Project v. McCarthy

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge...

Tri-Realty Co. v. Ursinus College

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the...

Alt v. United States Environmental Protection Agency

A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge, rendering it exempt from the CWA's NPDES...

Waterkeeper Alliance v. Hudson

A district court dismissed an environmental group's CWA action against a poultry farm claiming that it illegally discharged chicken litter into tributaries of the Chesapeake Bay. The group claimed that chicken litter, which is alleged...

Northwest Environmental Advocates v. United States Environmental Protection Agency

A district court held that EPA violated the CWA when it failed to review Oregon's nonpoint source rules. The nonpoint source provisions create exemptions for many sources of pollution in Oregon's waters, including agriculture,...

<i>Waterkeeper Alliance, Inc. v. EPA</i>: Why It Is Important

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate,...

A Brief History of CWA

In 1987, the U.S. Congress amended the Clean Water Act (CWA) to establish a national nonpoint source (NPS) program under §319.1 The statute allows states meeting preliminary criteria to receive federal grant money from the U.S....

Best Practices as Regulatory Regime: The Case of Agricultural Nonpoint Source Pollution

In traditional administrative law, agencies pass rules and courts review them. But what if agencies stopped acting by rule and started leading by example? The federal response to agricultural water pollution offers a case study in how...

When It Rains It Pours: Past, Present, and Future Regulation of Wet Weather Discharges

Managing and controlling stormwater and other "wet weather" discharges presents unique challenges, far different from the management and control of industrial and municipal wastewater streams. Wet weather discharges are...