Author Archives: Erica Spitzig

U.S. Supreme Court Hears Oral Argument in Clean Water Case

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Today, the United States Supreme Court heard oral arguments in Hawkes v. US Army Corps of Engineers, a case involving a jurisdictional determination (“JD”) under the Clean Water Act (“CWA”) Section 404 permitting program.  Specifically, the case deals with the question of whether a JD is subject to immediate judicial review, or if landowners must […]

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Supreme Court Rejection of Farm Bureau Appeal = Significant Clean Water Victory for NACWA Members

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This week, the U.S. Supreme Court announced that it will not review the lower court’s decision in American Farm Bureau v. EPA. The Court’s rejection of the appeal essentially affirms the unanimous 2015 ruling by the U.S. Court of Appeals for the Third Circuit, upholding EPA’s final total maximum daily load (TMDL) for the Chesapeake […]

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Ohio Places New Burdens on POTWs in Response to Toledo Water Crisis

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New legislation became effective in Ohio last Friday, July 3, that attempts to respond to the toxic algal blooms that shut down water service to approximately 500,000 customers in Toledo last summer.  The application of fertilizer on frozen, snow covered, or saturated soil in the Western Basin of Lake Erie—where the majority of phosphorous spills […]

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