THE CLEAN WATER RULE: WHAT IT IS AND WHY IT NEEDS TO GO
In: Journal of Legislation, Jg. 43 (2016), S. 146
Online
academicJournal
I. INTRODUCTION Federal environmental regulations have been no stranger to the courts in recent years, 1 and the Clean Water Act (CWA) 2 in particular has been a contentious law to implement. 3 In the wake of the confusion and costly implementation of the CWA, in part due to U.S. Supreme Court decisions in 2001 and 2006, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) (collectively "the Agencies) issued the Clean Water Rule (CWR) 4 that clarified the definition of "waters of the United States" found in the CWA through the use of bright line boundaries to make "the process of identifying waters protected under the Clean Water Act easier to understand, more predictable and consistent with the law and peer reviewed science, while protecting the streams and wetlands that form the foundation of our nation's water resources." 5 The Agencies issued the proposed rule on June 29, 2015, which became permanent on August 28, 2015 and almost immediately a source of controversy and lawsuits. 6 On August 27, 2015 Judge Ralph Erickson of the District Court for the District of North Dakota (District of North Dakota) issued a preliminary injunction covering thirteen states against the implementation of the CWR. 7 On October 16, 2015 the U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) issued a nationwide stay on the implementation of the CWR in a 2-1 ruling pending further action of the court. 8 As a result, ...
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THE CLEAN WATER RULE: WHAT IT IS AND WHY IT NEEDS TO GO
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Autor/in / Beteiligte Person: | Davis, Charles C. |
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Zeitschrift: | Journal of Legislation, Jg. 43 (2016), S. 146 |
Veröffentlichung: | 2016 |
Medientyp: | academicJournal |
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