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Water pollution

Fednav v. Chester

A district court dismissed international shipping entities' lawsuit seeking to invalidate Michigan's Ballast Water Statute, which is aimed to prevent the introduction of aquatic nuisance species into the Great Lakes. The statute...

Environmental Federalism Part II: The Impact of Harmon, Smithfield, and CLEAN on Overfiling Under RCRA, the CWA, and the CAA

In Environmental Federalism Part 1: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN, the history of judicial and administrative decisions relating to overfiling under...

Environmental Federalism Part I: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN

The Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA) represent federal regulatory regimes for protecting the environment. Although each statute initially places administrative...

United States v. Locke

The Court holds that at least four of Washington State's regulations governing oil tanker operations and design are preempted by the Port and Waterway Safety Act (PWSA). The Court first holds that the preemptive effect of the PWSA and...

United States v. Smithfield Foods, Inc.

The court upholds a district court decision finding the owner and operator of two swine slaughtering and processing plants in Virginia liable for violating its national pollutant discharge elimination system (NPDES) permit and for...

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...

Pfiesteria Piscicida: A Regional Symptom of a National Problem

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-...

Russian River Watershed Protection Comm. v. Santa Rosa, City of

The court holds that the executive officer of a regional board had the discretion to determine a city's method of compliance with national pollutant discharge elimination system (NPDES) permits. The court first holds that the district...

Upper Chattahoochee Riverkeeper Fund v. Atlanta, City of

The court holds that a city committed multiple violations of the Federal Water Pollution Control Act (FWPCA) by operating several combined sewer overflow (CSO) areas that failed to comply with National Pollutant Discharge Eliminations...