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Water

Federal Legislative Solutions to Agricultural Nonpoint Source Pollution

Environmental regulation of pollution in the United States is often maligned as costly and ineffective. Pollution continues to plague and degrade the natural resources in the United States, and U.S. waters in particular. Nonpoint source...

Trends in Regulation of Stormwater and Nonpoint Source Pollution

Editors' Summary: Regulation of point source discharges under the Federal Water Pollution Control Act (FWPCA) has resulted in significant improvements in water quality. Further progress, however, will require attention to stormwater...

Citizen Suits: The Teeth in Public Participation

The courts have long recognized that Congress enacted environmental citizen-suit provisions to abate threats to the environment, supplement government enforcement, encourage government agencies to enforce the laws more effectively, and...

RCRA Subtitle I: The Federal Underground Storage Tank Program

Editors' Summary: Congress first addressed the problem of leaking underground storage tanks (USTs) in 1984, by enacting Subtitle I of RCRA. The UST regulatory program addresses, inter alia, corrosion protection, reporting,...

Chemical Waste Management, Inc. v. U.S. Environmental Protection Agency: When Does a Waste Escape RCRA Subtitle C Regulation?

Congress enacted the Resource Conservation and Recovery Act (RCRA) in 1976, to regulate management of solid and hazardous waste. RCRA Subtitle C regulates hazardous waste management and Subtitle D governs nonhazardous, solid waste. In...

Recovery of Attorneys Fees in CERCLA Private-Party Cost Recovery Actions: Striking a Balance

A sharp conflict among the judicial circuits has emerged concerning whether private parties may recover attorneys fees in cost recovery actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)....

Federal Oil Pollution Law and Regulatory Developments

Editors' Summary: Whether Congress intended it or not, the Oil Pollution Act of 1990 (OPA) has shaken the entire oil exploration and production industry to its core. Precipitated by the Exxon Valdez oil spill, the Act...

Federal Wetlands Law: Part III

Editors' Summary: This Article is the third in a three-part series on federal wetlands law. In it, the author concludes her comprehensive review of the current state of laws and regulations that address wetlands. In the first two...

The Water Resources Development Act of 1992: Expanding the "Corps of Environmental Engineers"

Editors' Summary: The Water Resources Development Act of 1992 (WRDA 92 or the Act), enacted on October 31, 1992, is an omnibus water projectauthorization and policy bill of the type traditionally used to authorize the U.S. Army...

The Value of Wetlands as Wetlands: The Case for Mitigation Banking

Wetlands mitigation banking, a concept endorsed by former President Bush as a means to achieve the goal of no net loss of wetlands, is a valuable resource management tool that deserves the support of the Clinton Administration. Wetlands...