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Water Blog

  • 19
  • December
  • 2013

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Could the permit shield become a fig leaf?

The Sixth Circuit Court of Appeals is currently considering a case that has the potential to narrow the scope of the Clean Water Act’s (CWA) permit shield. On October 8, 2013, the panel heard oral arguments in Sierra Club v. ICG Hazard, LLC. The case is an appeal of a ruling by the District Court for the Eastern District of Kentucky holding that the permit shield protected a CWA general permit holder from liability even though the permit did not expressly allow for the specific discharge at issue.

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  • 18
  • December
  • 2013

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A Watershed Moment for Michigan’s Section 404 Program

Industry groups, activists, and environmental regulators are at odds over a Michigan wetlands permitting law that arguably reduces the reach of regulators in the State. Michigan’s governor, Rick Snyder, who signed Public Act 98 on July 2, 2013, says the law will clarify permitting requirements and processes for Michigan citizens and businesses that interact with wetlands.

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  • 25
  • October
  • 2013

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EPA Accepts Eighth Circuit’s Ruling Lifting Blending Mixing Zone Prohibitions

In Iowa League of Cities v. EPA, the Iowa League of Cities (“League”) sought direct appellate review of two letters from the U.S. Environmental Protection Agency (“EPA”) relating to the Agency’s water treatment policies governing blending and mixing zones. The League challenged the policies set out in the letters both procedurally and substantively.

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