Search

As climate change's momentum becomes increasingly more difficult to quell, environmentalists are litigating to stop oil pipeline expansion. Litigation over two recently completed oil pipelines--the Flanagan South and the Gulf Coast--illustrates the legal battle environmentalists face. Given the outcome of those cases, it may seem that environmentalists face insurmountable judicial precedent. But they are not out of options quite yet. Although no statute expressly requires the federal government to conduct environmental analysis of proposed domestic oil pipelines, two statutes--the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA)--generally work in tandem to require the U.S. Army Corps of Engineers (Army Corps or Corps) to complete an analysis when a proposed pipeline crosses regulated waters. However, the Army Corps recently has begun using a general permit called Nationwide Permit 12 (NWP 12) to streamline the approval process by avoiding individual review of pipelines. The Tenth and District of Columbia Circuits upheld the Army Corps's use of NWP 12 in approving the Flanagan South and Gulf Coast pipelines, rejecting arguments that such use violates the CWA and NEPA. Not only did environmentalists lose both decisions, but the Army Corps also subsequently tightened its analysis to avoid potential future liability. Despite these setbacks, this Note contends that the battle is not yet over. The Note argues that the Army Corps failed to comply with the CWA's plain meaning when it issued NWP 12, resulting in a limited opportunity for the public to participate. By limiting public comment, NWP 12 undermines the Corps's ability to take a hard look at the environmental consequences of proposed oil pipelines. If the agency cannot comply with the CWA's plain meaning, it can no longer use NWP 12 to avoid individual review of oil pipelines. Given recent judicial precedent, environmentalists face a difficult task. But hope remains. Under the framework first described in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the circuit courts are improperly deferring to the Army Corps's interpretation of the CWA when the statute's meaning is clear. Judicial recognition and correction of this would be a victory for environmentalists, as it would increase federal environmental review of domestic oil pipelines and provide the public with a better opportunity to voice its concerns over the proliferation of oil pipelines in the United States. [ABSTRACT FROM AUTHOR]

The article looks at the institutional structure of agricultural water quality policy in the U.S. as established by the Clean Water Act of 1972. The Clean Water Act nationalized the control of municipal and industrial point sources of water pollution. The case for policy innovations that introduce a mix of mandatory compliance strategies and better economic incentive mechanisms for achieving water quality goals is discussed.

Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The twentieth century spanned an era that included nadirs in environmental quality and subsequent efforts to improve ecological conditions. The Illinois Waterway, a large river system in Illinois, experienced prolonged degradation followed by a dramatic recovery. In the 1950s, a standardized sampling program was initiated that has continued for six decades. The resulting record documents profound ecological changes, demonstrating the potential for river ecosystems to recover following the successful implementation of large-scale policies, notably the Clean Water Act. Over six decades, native species diversity has increased, and one of the most prolific invasive fish species has collapsed. In addition, the sampling record highlights the recovery of socioeconomically valuable sport-fish populations. We examined the causes and consequences of change in a large river using data from a long-term monitoring program with unique spatial and temporal extent. The trends documented in the Illinois Waterway are relevant for the restoration of river systems worldwide. [ABSTRACT FROM AUTHOR]

Contaminated stormwater runoff from oil and gas (O&G) operations can pose a significant threat to surface waters. The purpose of this study is to examine the extent of this threat and identify more specific permitting requirements to protect surface waters. To better understand the extent of the threat, this paper identified and characterized the use of waste surface impoundments at O&G facilities as well as the threat level from O&G spills in California. To assess the efficacy of the current federal and California state-permitting regime, the paper evaluated stormwater permit compliance in two California counties. It also reviewed selected spill cases and associated Spill Prevention, Control and Countermeasure Plans and Stormwater Pollution Prevention Plans to identify the adequacy of current industry practices. The analysis showed that contaminated stormwater from O&G facilities can be better regulated. The U.S. Environmental Protection Agency does not require O&G facilities to file for an Industrial Stormwater General Permit even though many O&G industry practices have the potential to contaminate stormwater runoff from the site. When O&G facilities discharge a Reportable Quantity of a hazardous chemical or violate a water quality standard, they are required to enroll in the National Pollutant Discharge Elimination System permit program. Spills, although not a direct indication of stormwater runoff, can highlight polluted runoff discharges that should have been regulated. Medium and large spills that reached waterways were such a risk for which operators did not file for a permit. In California new filing requirements for the oil and gas industry require all facilities that discharge stormwater that has come into contact with any overburden, raw material, or intermediate products located on the site, to file for an Industrial Stormwater General Permit. As this study showed, there has been an increase in enrollment since the enactment of the new requirements. Having all facilities enroll in the general permit program, as done in California, would require minimum monitoring and maintenance that could help prevent spills. A further step to ensure better protocol is to require specific pollution control practices in addition to the current general permit requirements. Such permitting regimes not only can be implemented on the US federal level but also internationally. [ABSTRACT FROM AUTHOR]

Macroinvertebrate community assessment is used in most US states to evaluate stream health under the Clean Water Act. While water quality assessment and impairment determinations are reported to the US Environmental Protection Agency, there is no national summary of biological assessment findings. The objective of this work was to determine the national extent of invertebrate-based impairments and to identify pollutants primarily responsible for those impairments. Evaluation of state data in the US Environmental Protection Agency's Assessment and Total Maximum Daily Load Tracking and Implementation System database revealed considerable differences in reporting approaches and terminologies including differences in if and how states report specific biological assessment findings. Only 15% of waters impaired for aquatic life could be identified as having impairments determined by biological assessments (e.g., invertebrates, fish, periphyton); approximately one-third of these were associated with macroinvertebrate bioassessment. Nearly 650 invertebrate-impaired waters were identified nationwide, and sediment was the most common pollutant in bedded (63%) and suspended (9%) forms. This finding is not unexpected, given previous work on the negative impacts of sediment on aquatic life, and highlights the need to more specifically identify the mechanisms driving sediment impairments in order to design effective remediation plans. It also reinforces the importance of efforts to derive sediment-specific biological indices and numerical sediment quality guidelines. Standardization of state reporting approaches and terminology would significantly increase the potential application of water quality assessment data, reveal national trends, and encourage sharing of best practices to facilitate the attainment of water quality goals. [ABSTRACT FROM AUTHOR]

This Note considers the longstanding clash between the United States government and state governments over the management of intrastate waters through the lens of Maine v. McCarthy, an ongoing federal lawsuit. McCarthy confronts whether the United States Environmental Protection Agency can require state water quality standards to specifically safeguard the health and cultural practices of Maine’s Indian tribes, particularly sustenance fishing. A panoply of legal and political factors gave rise to and shaped the course of the litigation, ranging from tribal sovereignty to agency discretion and political gamesmanship. After evaluating the litigants’ arguments and examining previous regulatory collisions between the Environmental Protection Agency and state governments, this Note argues that the Environmental Protection Agency has the authority to dictate changes to Maine’s water quality standards, regardless of preexisting agreements granting Maine regulatory control over state waters. [ABSTRACT FROM AUTHOR]

This research explores Ontario’s Clean Water Act (S.O. 2006, c. 22) and its contribution to capacity building for rural municipalities impacted by source protection plans created under the Act. Source water protection (SWP) under the Clean Water Act (S.O. 2006, c. 22) is explored drawing from a capacity framework. A nested case study approach has been employed to allow for in depth exploration of the experience within the Cataraqui Source Protection Area and the North Bay-Mattawa Source Protection Area, where key informant interviews were conducted. Findings are outlined looking at four elements of capacity for SWP: institutional, financial, social, and technical/human. It was found that the process was successful for building capacity in the serviced rural municipalities involved, but did not provide any meaningful protection for areas reliant on private drinking water systems such as wells. Several improvements to the legislated process were suggested including greater flexibility for local circumstance and better methods for engagement of First Nations and the general public. It is unknown if this capacity will be sustained as the program continues and provincial funding is reduced. Reduced funding will particularly impact rural communities that lack the internal human and financial capacity to implement SWP policies without the assistance of provincial funding and conservation authority staff (who also rely on provincial/municipal funding sources). Ultimately, it was found that SWP in rural areas requires enforceable mandatory legislation; sustainable provincial funding and municipal fiscal frameworks to support ongoing SWP planning and implementation; technical aid at the regional level; and support and commitment to SWP at the local level (e.g., municipalities, local health units, landowners, residents and watershed users). [ABSTRACT FROM AUTHOR]

Copyright of Pesticides & Phytomedicine / Pesticidi i Fitomedicina is the property of Institute of Pesticides & Environmental Protection and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Federalism often creates additional decisions for interest groups in Neoinstitutionalism; interest determining how best to advocate for their policy recommendations groups; federalism; Great in the legislative process. Should they focus their advocacy at the Lakes; water quality local, state, or national level of government? This article examines interest group behaviors in water quality policy in the Great Lakes region from 1960 to 2000. I evaluate the reasons for interest group decisions about which level of government to target, using historical analysis of Great Lakes water quality policy in the United States and Canada. The results of this analysis show that in many cases groups are influenced in their decision-making based on the level of government that has the greatest jurisdiction over the policy, supporting a neoinstitutional argument. [ABSTRACT FROM AUTHOR]

The article discusses the Law of the Sea and marine pollution. The author reflects that marine pollution have been worsening over the years and oceans have been affected on a global scale. He opines that policy-makers have not approved strict on regulating land-based pollution because of its economic impact upon industries that cause the pollution. He also suggests that because of the nature of the Law of the Sea that allows nations to exploit and develop their natural resources, marine pollution will remain a long-term threat and will not be effectively regulated.

RECENTLY SURVEYED WATER UTILITY PROFESSIONALS INDICATE THAT THE INDUSTRY IS FACING CHALLENGES AT THE INTERSECTION OF COST AND CUSTOMER EXPECTATION; STRATEGIC COLLABORATIONS AND ALTERNATIVE FINANCING OPTIONS CAN BE LEVERAGED TO MEET FUTURE DEMANDS. [ABSTRACT FROM AUTHOR]

The authors criticize the clean water action plan of China which aims to ensure sustainable water supplies through stricter rules on discharges from sewage treatment plants.

Surface water pollution has a significant, nonmonotonic effect on the infant mortality rate in China. As surface water quality deteriorates, the infant mortality rate first increases and then decreases. Thus, moderate levels of pollution—in the absence of good information on water quality—are the most dangerous. [ABSTRACT FROM AUTHOR]

The article examines the provisions of the section 404 of the Clean Water Act (CWA) that concerns real estate developers as it dealt with the proposed shopping center or apartment house that found to be involved with runoff to the stream which forms part of the Waters of the U.S.

Environmental law scholars have long lamented that it has become unthinkable--or at least exceedingly unlikely--for Congress to pass significant new environmental legislation. This is not uniformly the case, as shown by the recent enactment of Public Law 114-114, the Microbead-Free Waters Act of 2015 ("the Act"). Yet, more nuanced questions must be answered before the Act can be hailed as an important break in the legislative logjam. Was the Act insignificant, simply not worth the time and political currency necessary for opponents of environmental regulation to stop? Was it the fortuitous product of a unique confluence of circumstances, a "black swan"? Or could the circumstances surrounding its passage be instructive for future proponents of environmental legislation? This article asserts that the Act addressed a significant environmental issue, and that the strategic building blocks underlying the Act -- including an emphasis on public health issues and broad stakeholder support driven by industry concerns about unfair competition and opposition to local legislation--may provide innovative and useful foundations for future efforts to pass environmental legislation. [ABSTRACT FROM AUTHOR]

In Natural Resources Defense Council, Inc. v. County of Los Angeles, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of National Pollutant Discharge Elimination System (NPDES) permit violations under the Clean Water Act. Environmental organizations brought suit against the County of Los Angeles and the Los Angeles County Flood Control District after the District published monitoring station reports identifying 140 separate exceedances of permit limitations. Even though the defendants' monitoring station was located downstream from other permittees, the defendants were held liable as a matter of law for the violations because the permit clearly stated that the monitoring station data would be used to determine permittee compliance. This Comment argues that the Ninth Circuit's analysis was correct, and further that preliminary testing for the monitoring station as well as more frequent monitoring and reporting will clarify liability. [ABSTRACT FROM AUTHOR]

In 2007, the United States Army Corps of Engineers granted Mingo Logan Coal Co. a permit to discharge dredge and fill material into four West Virginia streams and their tributaries. The U.S. Environmental Protection Agency (EPA) did not file an objection despite concerns about the discharge's environmental impacts. Two years later, EPA moved to withdraw the permit in light of new information and circumstances regarding the discharge's impact on wildlife. EPA claimed that it was authorized to withdraw the permit under Section 404(c) of the Clean Water Act, which provides the Administrator of EPA with the authority to veto specification sites "whenever he determines" a discharge will have an "unacceptable adverse effect" on identified environmental resources. Mingo Logan appealed EPA's permit withdrawal on the grounds that EPA exceeded its authority under the Clean Water Act. The U.S. Court of Appeals for the District of Columbia upheld EPA's authority to retroactively withdraw the permit. Although the court's decision has sweeping implications for the reach of EPA, this Comment argues that such broad administrative authority is justified by the plain text of the Clean Water Act and the need for the federal government to take immediate action during environmental crises. [ABSTRACT FROM AUTHOR]

The article presents a comparison between domestic and global approaches in dealing with climate change policy benefits in the U.S. Topics discussed include the U.S. guidelines for benefit assessment, efforts to reduce greenhouse gases, and average fuel economy for heavy-duty vehicles. Also mentioned are the U.S. National Environmental Policy Act, Toxic Substances Control Act and Clean Water Act.

The article focuses on decision of the U.S. Court of Appeals for the Eleventh Circuit in the case Black Warrior Riverkeeper Inc. v. United States Army Corps of Engineers related to justification for Nationwide Permit 21 (NWP 21). It mentions that NWP21 which authorized surface mining companies to release dredge and fill materials into public waters under the U.S. Clean Water Act (CWA). It also mentions that NWP21 not have effect on environment under the National Environmental Policy Act (NEPA).

SINCE 1924, THE PEOPLE OF TULSA, OKLA., HAVE ENJOYED CLEAN, CLEAR WATER FROM THE MOHAWK WATER TREATMENT PLANT, WHICH STARTED WITH A 55‐MI PIPELINE FROM LAKE SPAVINAW AND HAS EVOLVED TO INCLUDE RENOVATED BUILDINGS AND MODERN TREATMENT PROCESSES. [ABSTRACT FROM AUTHOR]

The article examines the laws concerning identification of nonpoint source pollution in the U.S. and the provision of adequate stream flows. Topics discussed include Clean Water Act (CWA's) approach to point source pollution and wetlands loss, the role of the federal government in dealing with both nonpoint source pollution and the adequate stream flows; and the government efforts for preventing water pollution.

The article discusses the need for global action to address a microbead water pollution problem involving water treatment plants, and it mentions the environmental impacts of microplastics, international law, and domestic microbead regulations in places such as the U.S. and the European Union.

The article focuses on Lake Champlain Basin Program (LCBP), a collaborative partnership of federal, provincial and municipal leaders to protect water quality of Lake Champlain. It mentions that Memorandum of Understanding (MOU) between two U.S. states and Canadian province in 1988. It also mentions that Lake Champlain Special Designation Act of 1990 (LCSDA) amendment to the Clean Water Act which directs the Environmental Protection Agency (EPA) to develop a restoration plan for Lake Champlain.

An introduction is presented in which editor discusses various articles within the issue on topics including legal analysis of development of Lake Champlain Phosphorus Total Maximum Daily Load (TMDL), use of TMDL process by U.S. Environmental Protection Agency (EPA) and issues of water pollution.

The article examines the provisions of the U.S. Clean Water Act, which is a primary statute that regulates water at the federal level, aimed to regulate the water and water resources in the country.