The Clean Water Act and the Constitution

The Clean Water Act and the Constitution
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.

The Green Amendment

The Green Amendment
Author: Maya K. Van Rossum
Publisher:
Total Pages: 0
Release: 2017
Genre: Environmental policy
ISBN: 9781633310216

2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.

Legislative Approaches to Defining 'Waters of the United States'

Legislative Approaches to Defining 'Waters of the United States'
Author: Claudia Copeland
Publisher: DIANE Publishing
Total Pages: 18
Release: 2011-02
Genre: Law
ISBN: 1437933297

This is a print on demand edition of a hard to find publication. In the 111th Congress, legislation has been introduced that seeks to clarify the scope of the Clean Water Act (CWA) in the wake of Supreme Court decisions in 2001 and 2006 that interpreted the law¿s jurisdiction more narrowly than prior case law. Bills to nullify the Court¿s rulings have been introduced repeatedly since the 107th Congress, but none had advanced until the 111th Congress. The legal and policy questions concerning the outer geographic limits of CWA jurisdiction and consequences of restricting that scope have challenged regulators, landowners and developers, and policymakers for more than 35 years. Contents of this report: Intro.; Analysis of Bills; Regulatory and Proposed Statutory Definitions of ¿Waters of the U.S.¿ Illus.

Water Code

Water Code
Author: Texas
Publisher:
Total Pages: 548
Release: 1972
Genre: Water
ISBN:

Anchoring the Clean Water Act

Anchoring the Clean Water Act
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.

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

The Clean Water Act Handbook

The Clean Water Act Handbook
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.

Clean Water Act

Clean Water Act
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.