Anchoring The Clean Water Act
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| Author | : |
| Publisher | : |
| Total Pages | : 17 |
| Release | : 2007 |
| Genre | : Water |
| ISBN | : |
Recent Supreme Court rulings have called into question federal Clean Water Act coverage for certain wetlands and streams. Legislation recently introduced in the House of Representatives would amend the Act to restate and clarify Congress intent to regulate the waters of the United States to the fullest extent of its legislative power. The Environmental Law Institute has issued a new white paper that identifies which constitutional powers Congress can rely on to protect the Nations waters, and explains in straightforward language what the Supreme Court has said about these powers. The Supreme Court rulings in question (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 2001, and Rapanos v. United States, 2006) were limited to interpreting Congressional intent in 1972, when Congress used the terms "navigable waters" and "waters of the United States" to assert federal jurisdiction under the Act. The Court has never decided the underlying constitutional question: what is the scope of Congresss constitutional authority to protect the Nations waters? ELIs legal analysis is intended to inform this debate.
| Author | : Robin Kundis Craig |
| Publisher | : Environmental Law Institute |
| Total Pages | : 328 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality--the Clean Water Act--operates in a context complicated by a variety of constitutional requirements and dictates.This new edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
| Author | : |
| Publisher | : |
| Total Pages | : 224 |
| Release | : 1988 |
| Genre | : Federal aid to water quality management |
| ISBN | : |
| Author | : Claudia Copeland |
| Publisher | : Nova Biomedical Books |
| Total Pages | : 176 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : |
The Clean Water Act (CWA) requires states to identify waters that are impaired by pollution, even after application of pollution controls. For these waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation was dormant until states and the Environmental Protection Agency (EPA) were prodded by numerous lawsuits. The TMDL program has become controversial, in part because of requirements and costs now facing states to implement this 30-year old provision of the law. In 1999, EPA proposed regulatory changes to strengthen the TMDL program. Industries, cities farmers and others may be required to use new pollution controls to meet TMDL requirements. EPA's proposal was widely criticised and congressional interest has been high. This book explores the lingering dispute between states and industry groups, beginning from the Clinton administration and stretching all the way to the present. However, Congress recognised in the Act that, in many cases, pollution controls implemented by industry and cities would be insufficient, due to pollutant contributions from other unregulated sources.
| Author | : Mark Ryan |
| Publisher | : American Bar Association |
| Total Pages | : 340 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9781590312179 |
Provides a clearly presented overview of the law's provisions and pertient regulation and enforcement issues.
| Author | : |
| Publisher | : |
| Total Pages | : 588 |
| Release | : 1986 |
| Genre | : Law |
| ISBN | : |
| Author | : Roxanne Thomas |
| Publisher | : |
| Total Pages | : 77 |
| Release | : 2007-01-01 |
| Genre | : Water |
| ISBN | : 9781585761197 |
In June 2006 the Supreme Court, in a decision that split 4-1-4, produced a result in Rapanos v. United States that makes federal Clean Water Act jurisdiction over the wetlands, streams, and other waters of the United States confusing and uncertain for citizens, landowners, and regulators alike. Members of Congress have introduced new legislation to restore jurisdiction over many of the waters cast into doubt by the decision; and the Environmental Protection Agency and Army Corps of Engineers (the federal regulatory agencies) issued a joint guidance document in June 2007 attempting to guide their respective staffs. Numerous federal courts have attempted to apply the uncertain teachings of Rapanos as well. With the support of the Turner Foundation, and the assistance of numerous experts in wetlands science and law, the Environmental Law Institute has prepared a handbook that analyzes the case law, compiles the relevant scientific studies, and provides a set of jurisdictional checklists. The Handbook will assist anyone faced with a jurisdictional question involving a wetland or stream to understand what factors will allow them to find Clean Water Act jurisdiction.
| Author | : |
| Publisher | : |
| Total Pages | : 512 |
| Release | : 2009 |
| Genre | : Environmental law |
| ISBN | : |
| Author | : Joel M. Gross |
| Publisher | : American Bar Association |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Water |
| ISBN | : 9781614386230 |
A quick reference to the Federal Water Pollution Control Act, commonly known as the Clean Water Act, this book explains the statute and the 1972 Amendments that created a system of permits and regulations to govern the discharge of pollutants into the nation's waters and publicly owned treatment works.
| Author | : Joan M. Kovalic |
| Publisher | : Water Environment Federation |
| Total Pages | : 326 |
| Release | : 1987 |
| Genre | : Water |
| ISBN | : |
Document is a two-part users' guide.
