Monthly Archives: June 2012

Is the Clean Water Act Broken and Can We Fix It?

Much has been written and will continue to be written about the Clean Water Act this year as we celebrate the Act’s 40th anniversary. I don’t think anyone would argue the fact that the Act has been great for our waterways or that we would be much worse off without it.

But now we’ve entered a much more difficult and complex period in the history of the Clean Water Act. Federal money continues to dry up. Costs continue to increase. And requirements have become more stringent. We also have many new challenges to deal with including climate change, altered weather patterns, and population growth, to name just a few. [ … ]

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Supreme Court Brings Some Common Sense to EPA Enforcement

In what it widely regarded as a strong rebuke to the U.S. Environmental Protection Agency (EPA), a unanimous Supreme Court earlier this year ruled that administrate orders (AO) issued by EPA under the Clean Water Act (CWA) are subject to pre-enforcement judicial review. The decision in Sackett v. EPA was much anticipated, marks one of the High Court’s most important CWA decisions in recent years, and brings some much-needed common sense back to EPA’s enforcement activities. [ … ]

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